Utah
How Brown v. Electronic Arts, Inc. applies in Utah: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Utah follows similar principles to those established in Brown v. Electronic Arts, Inc., particularly regarding the protection of individuals' names and likenesses under the right of publicity. The state recognizes that commercial use of a person's likeness without permission can infringe on personal rights and lead to claims under the Utah Right of Publicity statute.
Under Utah Code § 76-6a-101, any commercial use of an individual's name, voice, signature, photograph, or likeness without prior consent is actionable.
The court affirmed that unauthorized commercial exploitation of a person's likeness is actionable under Utah law.
The court ruled that an athlete's personality rights were incorrectly dismissed and emphasized the importance of consent.
The ruling highlighted that publicity rights were violated when a company used an athlete's image in marketing without permission.
Utah's approach aligns closely with federal standards, particularly those established by the Lanham Act regarding false endorsement and appropriation of likeness. However, Utah provides statutory protections specifically through its right of publicity, which may not directly correlate with federal guidelines.
This case is relevant to the Utah bar exam as it highlights key principles of intellectual property law, particularly concerning publicity rights and the implications of using personal likenesses in commercial contexts.