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Clinton Hill blog has a photo of the signage going up for the new Obama deli on Myrtle Avenue between Clinton and Vanderbilt Avenues. Can they really use the President’s likeness to pitch their business?


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  1. So tacky and undignified. Somebody should open a deli across the street named after the guy who owns this Obama deli and put a big photo of his grinning face on the awning. See how he likes it.

  2. Let me provide my legal analysis. Arguably this violates the President’s “right of publicity” (i.e., an individual’s right to control and profit from the commercial use of his/her name, likeness and persona). Whether he is a public figure does not figure in this analysis like people suggests (I think folks are confusing a related legal concept, the “right of privacy”, which affords less protection to public figures than non-public figures). There is also a question of whether the bodega owner violated the copyright of owner of the original picture of the President.
    As a practical matter, it would require the white house to actively police the use of the name and likeness of the President and I am not sure that the White House is doing so based on the millions of pieces of BHO paraphernalia that I can buy on any corner in NYC.

  3. “Yes, We Have Cans!!!”

    I’m working from memory, but you can’t use the president’s image to sell things. MotoGP recalls correctly about the beer issue. There will be ca call from the Secret Service.

    You can’t copyright a face, only an image (or words, of course). I suppose one could trademark his or her face. But in New York, there’s also a right to one’s own publicity. So I can’t take someone else’s face or name, and use it to sell something.

  4. Ah, “retail impairment.” Our favorites, awhile back, were opposite one another on Coney Island Avenue and Beverly Rd. or so: “Kentucky Fried Chicken” opposite an all-night “11-7.” Oddly, there was (and is) a real KFC a block away, and not surprisingly, the chicken joint must’ve gotten a call from a lawyer…at which point they pulled out, yes, duct tape, and changed it to “Kantacky Fried Chicken”! The “11-7” is still there. There are plenty of members on the Cranial All-Stars team.

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