Missouri
How Bragg v. Linden Research applies in Missouri: state-specific rules, key cases, and bar exam notes for Other.
Missouri courts generally recognize the importance of protecting intellectual property rights while balancing issues of free speech and expressive activity. The state's approach often emphasizes a thorough examination of the underlying facts and the intent behind the use of such property.
In Missouri, the rule follows that commercial use of a person's likeness without consent can constitute a violation of their right of publicity under Missouri Revised Statutes § 432.300, similar to the principles demonstrated in Bragg v. Linden Research.
The court confirmed that unauthorized commercial use of an individual's likeness constitutes an invasion of privacy under Missouri law.
This case established that individuals can pursue claims for the unauthorized use of their names and likenesses, reinforcing protection under the right of publicity.
The court noted that the unauthorized portrayal of an individual in a commercial context may invoke a publicity claim, similar to the principles in Bragg.
Missouri's approach to intellectual property rights emphasizes the specific protection of individual likeness and publicity rights, which aligns closely with federal standards but often includes a more expansive interpretation of what constitutes commercial use. Moreover, Missouri's state law allows individuals to reclaim damages for unauthorized use more vigorously than some federal precedents.
The principles from Bragg v. Linden Research are relevant for the Missouri Bar Exam, particularly in the context of intellectual property and tort law, highlighting the right of publicity.