Personas and names are intellectual property rights
Hardiman 21 [Thomas Michael Hardiman, United States circuit judge of the United States Court of Appeals for the Third Circuit, nominated by President George W. Bush, United States Court of Appeals, Third Circuit, 14 F.4th 204 (2021), “Karen HEPP, Appellant in 20-2725 v. FACEBOOK; Imgur Inc; Reddit Inc; Giphy Inc, WGCZ S.R.O. Imgur Inc.; Reddit Inc., Appellants in 20-2885.”, //zrubin]
For her part, Hepp contends the right to publicity is an intellectual property right. See Hepp Br. 11. And she argues that she "has dedicated considerable time, effort and money into building her brand." Hepp Br. 17. Her amicus adds that state courts have long recognized individuals have property interests in their personas. They cite a 1907 case involving the legendary Thomas Edison. SAG Br. 19. There, the New Jersey court confirmed Edison could enjoin the use of his picture as an endorsement for a product he did not sell. See Edison v. Edison Polyform Mfg. Co., 73 N.J. Eq. 136, 67 A. 392, 394 (1907). The court reasoned there was no distinction between the intellectual property protections afforded a person's name and trademark-like protections for likenesses used on a label.