Quote:
Originally posted by Diane_Keaton
That site, at quick glance, is really deceptive. Free Speech and all....but since the site purports to be a Bush/Cheney site and uses W's name in it, wouldn't there be a decent argument that its misappropriation or something?
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Are you talking about the common law tort of misappropriation of identity/right of publicity? If so, the main issue there to be determined is are they engaging in political speech (1st amendment protects) or is it a commercial venture (more likely to be able to sue under right of publicity).
The typical right of publicity case involves a celebrity (not a political figure) having his or her image/name associated with a product for the purpose of increasing the sales of the product.
The First Amendment is hard to trump when you are talking about non-commercial political speech. Defamation will trump the First Amendment, but the standard to show defamation is high for public figures.
Now had they trademarked their logo and if that site was using the trademarked logo, that might be a good case.
