Trademark Law Includes False Endorsement

False endorsement occurs when a person's identity is connected with a product or service in such a way that consumers are likely to be misled about that person's sponsorship or approval of the product or service

The Lanham Act governs most of trademark in the US, and section 43(a) provides the justification above. In effect, I can't claim that you like this blog unless I have your permission to do so.

So when Hasbro toys brought out a hamster with the name "Harris Faulkner" the Emmy-award winning newscaster named Harris Faulkner sued, Her lawyer claims she actually sent the toy company notice back in January and when that didn't get a response this many months down the line they decided to file suit.

More disturbing to me is the allegation that Hasbro designed elements of the toy to resemble Ms Faulkner. This led the newscaster to include claims for unfair competition and violation of her right of publicity. Interestingly, the right of publicity in the US is governed by state laws

I have to ask, though, did someone not notice that Ms. Faulkner is black? How tone-deaf do you have to be not to realize that black people have had to put up with many years of demeaning animal images. Maybe a hamster is better or cuter than some of the overtly racist animal comparisons, but COME ON, people. Pay some attention here.