The U.S. Supreme Court recently declined an opportunity to weigh in on a trademark dispute surrounding the use of a late actor’s name and persona in promotional material for the 2019 film “Once Upon a Time … in Hollywood”. The litigants had sought to challenge a decision out of a Californian appellate court, which held the view that the film’s makers did not infringe on the trademark rights of Christopher Jones.
As Hollywood navigates the murky legal waters of posthumous personality rights and trademark law, this decision underscores the court’s disinclination to intervene in such matters. However, given the substantial financial stakes and the potential implications for creative license and freedom of expression in the film industry, questions persist as to the parameters of such rights, especially in relation to high-profile figures.
For a comprehensive read of the case, you can visit Law360’s detailed coverage here.