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Clinton Hill blog has a photo of the signage going up for the new Obama deli on Myrtle Avenue between Clinton and Vanderbilt Avenues. Can they really use the President’s likeness to pitch their business?


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  1. Snappy, here’s devil’s advocate: race card. based on the address and the content, it’s probably a black-owned business, and anyone can read an expression of racial pride into it (which is a good thing, don’t get me wrong). I don’t think Obama, brilliant politician that he is, wants to side with The Man on this one.

    I will take your $10 bet if you move it up to 7/5/09.

  2. I google researched it for 10 minutes and I think I originally had it wrong. It would be a violation of Obama’s “right of publicity” to control the use of his own image. the claim would be valid because 1) easy to show name and likeness was used, 2) easy to show it was for a commercially exploitative purpose (a store), and 3) easy to show there was no consent.

    source: Citizen Media Law Project http://www.citmedialaw.org/legal-guide/using-name-or-likeness-another

    So… if that only took ten minutes, I guess I’m putting this store owner in my Brooklyn Cranial All-Star Team with the guy who bought the condo for 800/sq foot in Bed Stuy.

  3. Public figures are fair game to a certain extent…don’t have the time to quote all the law on it…

    When it comes to presidents, no dice. The secret service will be all over their @sses. I’ll put $10 up that it will be gone by 7/10

  4. I wonder how much that awning and sign cost to make. It would have been much more efficient and painless had they taken said cash and just lit it on fire. That’s gonna have to come down.

  5. I think public figures are fair game when it comes to slander and use of image/name. you can sell all the obama t-shirts you want without any legal problem; there is no need to acquire a license, as there would be if you wanted to put a yankees logo on them. Isn’t the same thing true for naming stores? Why not? Any lawyers out there?

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