Hi everyone! I wanted to share an interesting article on whether someone’s face could be a trademark. Specifically, I was intrigued by the issue of whether there is trademark for figurative signs representing how historical figures might have looked like.
When I watch TV shows or movies situated in an era far back in time, I often wonder what people looked like back then, especially if there are no photos taken of these historical figures. This is probably a reason why digital artists create figurative signs or images of an historical person’s portrait.
This article discusses whether there is trademark for computerized representations of well-known historical figures without any photos. It seems that the European Union Intellectual Property Office (“EUIPO”) rejected some applications on the basis that there was a lack of distinctive character. It was interesting that the EUIPO considered the historical person’s fame as an indicator of commercial origin.
I would think that such an image is the owner’s/artist’s work, which would have the copyright protection. But there is a contention on whether this type of work is original enough to warrant protection. If the artist took the time and effort to interpret the descriptions from various sources and ultimately create a representation of an historical figure, would that be considered original enough? If the artist intended to create a representation that closely imitates the historical figure, is that not original enough? The current law seems very unclear on this issue.
Communications Law