742 F.3d 1234 (5th Cir. 2023)
Gordon v. Party City of Texas, Inc.
Did Party City of Texas, Inc. violate Cheryl Gordon's right of publicity by using her likeness without her consent?
The right of publicity protects an individual's name, likeness, and other aspects of identity from unauthorized commercial use. Violation of this right occurs when a person or entity uses someone's identity for commercial gain without consent, unless a recognized legal exception or defense, such as transformation or parody, applies.
The court held that Party City of Texas, Inc. violated Cheryl Gordon's right of publicity. It ruled that the company's use of her likeness constituted an unauthorized commercial exploitation not protected by fair use defenses.
This case serves as a crucial reminder for businesses regarding intellectual property and publicity rights. For law students, it reinforces the necessity of understanding how publicity rights interact with defenses like fair use, and the boundaries that exist between commercial and expressive uses of an individual's likeness.