CORAL GABLES (LALATE) – Could Casey Anthony own the rights to “Casey Anthony”, “Justice for Caylee”, and the name and likeness to her daughter Caylee Anthony? A possible Casey Anthony versus George and Cindy Anthony trademark fight could grow if Casey Anthony disputes her parents’ attempt to seek trademark protection to the name of her daughter.
Winning her freedom was Casey Anthony’s focus this week. But in the months to come, will her attorneys focus on repairing any ancillary issues? On May 17, 2011, Mark Lippman, attorney for George and Cindy Anthony, with application 85322494, sought for trademark protection for the word mark “CAYLEE ANTHONY”. Trademark protection is delineated by class of goods or services pursuant to the applicant’s request. Here Lippman sought protection only in class twenty-five for “t-shirts”. Lippman listed his firm as the applicant / owner as well.
The trademark application was in response to an online website selling t-shirts for commercial exploitation. Mark Lippman sent off a letter to Cafepress.com over merchandise using Caylee’s image and the expression “Justice for Caylee.” Lippman wrote the company “This website is an affront to the memory of Caylee Anthony and the family will not tolerate the malicious production of her name in any format”.
That same day, Lippman filed a trademark application for stickers, underwear, and buttons for the word mark “Justice for Caylee”. Application number 85322498 and the above application are both pending.
But who owns the right to the name and likeness of Caylee Anthony? A nation is outraged by the result of the Casey Anthony trial. But in the weeks, and months to come, there will be a move by publishers, news broadcasters, news magazines, and other outlets to delve deeper into the Caylee Anthony story.
Despite anything that might have happened earlier in this trial, the rights to Caylee Anthony’s name and likeness could ultimately rest with a Casey Anthony, the parent, not George and Cindy Anthony. Casey Anthony could soon control what commercial use of her daughter’s image and likeness.
Trademark and copyright protection would derive from federal law. But as to Florida law, the right of publicity as to Caylee Anthony is codified at 540.08. Pursuant to Florida state law, no person shall publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without the express written or oral consent to such use given.
In the case of a person deceased, the authorization must be given by any person, firm or corporation authorized in writing to license the commercial use of her or his name or likeness, or if no person, firm or corporation is so authorized, then by any one from among a class composed of her or his surviving spouse and surviving children.
Casey Anthony, Caylee Anthony