Suit By Marilyn Monroe Estate Seeks To Push Limits Of Trademark Law

The estate of legendary actress Marilyn Monroe has brought suit against a memorabilia manufacturer claiming trademark infringement for the use of Monroe’s image on products. The estate argues that the manufacturer’s use of Monroe’s created a false endorsement of the product which violates the trademark the estate owns. However, the manufacturer countered with the argument that the rights to publicity have entered the public domain which gives them the right to use Monroe’s image and a trademark claim is pretext to attempt to exert ownership over a right the estate no longer controls. The US District Judge refused the defense’s motion for summary judgment and will allow the case to move forward although no trial date has yet been set.

See Eriq Gardener, Marilyn Monroe Estate Allowed to Bring Trademark Claims Against Merchandiser, The Hollywood Reporter, September 22, 2015.