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<b><i>Persona Rights on Trial</b></i> Inside the Nevada Litigation by Bob Marley's Heirs Against the Unauthorized Use of Marley's Image

By Barry E. Mallen and Paul Bost

Celebrities have often used claims of unfair competition by false association or false endorsement under '43(a) of the federal Lanham Act as a basis for recourse against the unauthorized use of aspects of their identities and personas. The potency of a celebrity association claim was recently reinforced in the U.S. District Court for the District of Nevada, where in February 2011 a jury found for Fifty-Six Hope Road Music Ltd. (composed of Bob Marley's heirs) and Zion Rootswear LLC (Hope Road's exclusive licensee for apparel) in their claims against A.V.E.L.A. Inc., its principal, Leo Valencia, and two of A.V.E.L.A.'s licensees, JEM Sportswear and Central Mills Inc. (d/b/a Freeze), for willful unfair competition under the Lanham Act and tortious interference with prospective economic advantage. Fifty-Six Hope Road Music Ltd. v. A.V.E.L.A. Inc., 2:08-CV-00105.

Lanham Act As Alternative to Right to Publicity

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