TOTAL LICENSING
Celebrities
as Brands
Using Individual Imagery to Build Successful Branding Programs
By Weston Anson, Chairman, Consor Intellectual Asset Management
Many of us in the trademark branding become a brand beyond his original entire distribution chain can be at
and licensing arena think of celebrity fame on products and services includ- risk. Those issues have arisen with
brands as a new phenomenon. In fact ing theaters and restaurants. Actors OJ Simpson, Martha Stewart and
it is as old as trademark licensing it- have leveraged their names as brands Kobe Bryant.
self. Going back to the 1930’s, Shirley for many years, notably Paul New- In the fashion industry, many brands
Temple was one of the most suc- man and his likeness in connection began as individuals names. Chris-
cessful brands and licensing vehicles with Newman’s Own salad dressing tian Dior and Chanel are individual
in America and Europe. The Shirley and other foods. Lifestyle celebri- names which have become bigger than
Temple doll of the 1930’s sold 10,000 ties from Rachel Ray to Martha life even though their namesakes are
pieces in one weekend at Macy’s de- Stewart have developed companies no longer living. Living people have
partment store! Even before that, around their brand identities. had their names become associated
celebrity licensing in the form of the Two types of branding are derived with successful brands, such as Karl
“teddy bear”, a licensed concept of from individual personae. One is Lagerfeld, whom is now closely as-
Teddy Roosevelt was and contin- via sponsorship where a celebrity sociated and branded with Chanel.
ued to be a major success – in fact, it lends his or her name to enhance the Other folks actually become the
has entered the lexicon of American product image through advertising brand, ala Ralph Lauren/Polo.
common usage, as well as in branding. and promotion. The other approach, An individual’s name and likeness
Following the teddy bear and Shirley as used by Paul Newman, has his may be protected as a brand through
Temple came other celebrities includ- name and likeness actually becoming rights of publicity law, by trademark
ing the incredibly popular Hopalong a trademark with an active licens- law, via copyright law, and the result-
Cassidy, along with Tom Mix. Both ing program. Other examples are ing legal protection. Courts tend to
of these cowboys build substantial Wolfgang Puck on food products and be more open to protect the name
brand and licensing programs based kitchen utensils, and George Fore- and likeness of an individual when ex-
on their persona in the 1940’s and man on outdoor life style products, ploited as a brand name. About half of
1950’s. At the same time, Roy Rog- where their personal names are used the states have some right of publicity
ers, Gene Autrey and Dale Ev- in a traditional trademark sense. law, at least during the life of the indi-
ans picked up the baton of celebrity Brand value can grow as the celebrity vidual. In some states, once deceased,
branding and licensing and carried it develops and enhances his or her im- the right of publicity may no longer
from the 50s well through the 60s and age. The celebrity’s appearances be- be enforced. New York has refused to
into the early 70s. come walking advertisements for the enforce postmortem rights of public-
So, as we can see, individuals have brand. A strong emotional desire to ity in connection with Elvis Presley
been brands for decades. Food celeb- associate with celebrities drives con- memorabilia. That does not mean
rities have used their names to cre- sumers to their products. However, that there is no postmortem protec-
ate brands for many years beginning the same characteristics of living indi- tion under trademark law where the
with Escoffier and then Chef Bo- viduals which create the public desire mark is truly used as a brand. The
yardee, and more currently Emeril to be associated with them, can also patchwork of right of publicity stat-
and Wolfgang Puck. Sports figures be a disadvantage when the individual utes across various jurisdictions in the
such as Tiger Woods, Michael Jor- who has taken on the brand persona United States, means that trademarks
dan and other athletes have become acts contrary to public norms. The are the best way to assure a greater
brand names. Magic Johnson has brand, the manufacturers and the consistency when using individual
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