New Hampshire
How Brown v. Electronic Arts, Inc. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Intellectual Property.
New Hampshire recognizes the right of publicity, similar to the principles established in Brown v. Electronic Arts, Inc. Under New Hampshire law, individuals have a protectable interest in their likeness and identity against unauthorized commercial exploitation.
In New Hampshire, the right of publicity is governed by the common law, which prohibits the unauthorized use of an individual's name, likeness, or persona for commercial purposes, especially in contexts that could mislead consumers about the individual's endorsement.
The court ruled that an individual's right of publicity extends to unauthorized commercial uses of their likeness, which was upheld when used in a commercial context without consent.
This case emphasizes the privacy rights concerning data and likeness, touching on issues of consent in commercial usage.
While New Hampshire's common law approach aligns with federal interpretations of the right of publicity, New Hampshire does not have a statutory framework like some other states. Federal courts interpret the right of publicity more broadly under Lanham Act principles, particularly regarding commercial use; New Hampshire's common law may have stricter requirements for proving a claim.
The right of publicity is an important topic on the New Hampshire bar exam, reflecting both statutory and common law principles. Candidates should be familiar with both case law and the impact of unauthorized commercial uses.