Right of Publicity Questions; Seeking Trademarks in Fashion Cases

, New York Law Journal

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In his Intellectual Property Litigation column, Paul, Weiss, Rifkind, Wharton & Garrison partner Lewis R. Clayton reviews recent decisions involving whether Marilyn Monroe's right of publicity survived her death and the duration of that right in a case over an ad incorporating Albert Einstein's image, whether a single color can function as a trademark, and the evidentiary standard needed for application of the controversial "entire market rule."

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