New Jersey
How Brown v. Electronic Arts, Inc. applies in New Jersey: state-specific rules, key cases, and bar exam notes for Intellectual Property.
New Jersey courts generally extend protections against appropriation of likeness and identity to avoid misappropriation claims, reflecting the principles established in Brown v. Electronic Arts, Inc. This aligns with the state's commitment to protecting individual privacy rights and personal identity.
In New Jersey, the right of publicity protects individuals from unauthorized commercial use of their likeness, applying the standard set forth in Brown, wherein the use must be for commercial purposes to constitute a violation.
The New Jersey Superior Court held that unauthorized use of an individual's likeness for commercial gain constitutes an invasion of the right of publicity.
The Appellate Division recognized that individuals have a property right in their name and likeness, reinforcing protections against unauthorized exploitation.
The court ruled that individuals have a right to privacy that is breached by unauthorized commercial use of their likeness in advertising.
New Jersey's right of publicity closely parallels federal standards in that both protect against unauthorized commercial exploitation of an individual's likeness. However, state-specific case law may offer broader interpretations and protections than federal intellectual property statutes.
The right of publicity and personal privacy issues are frequently tested on the New Jersey bar exam, particularly through hypothetical scenarios involving unauthorized use of a person's likeness.