The Angela Merkel Bobblehead

A Publicity Rights Commentary

Every time I see rows of bobblehead dolls for sale, I can't help but think about the publicity rights issues.

"What's the big deal. They're all famous ...." my non-lawyer pal said.

"Where do I even start...." I replied. lol.

[lawyer mode]

The fact is, creating and selling bobblehead dolls of public figures, like former German Chancellor Angela Merkel, can raise several legal issues, mainly related to IP rights and rights of publicity. Off the top, and not an exhaustive list of the potential problems --

Rights of Publicity -- AKA your right to control and profit from the commercial use of your name, image, likeness etc. These laws vary by state and country, but using Merkel's likeness for commercial purposes without her consent could infringe on her rights. This is especially relevant in countries like Germany, where publicity rights are strictly enforced.

IP Rights - If the doll includes trademarked elements associated with Angela Merkel (i.e., specific symbols, logos, or slogans associated with her), this could raise TM infringement issues. I don't think this is the case here, but who knows, a creative and malicious attorney can sue anyone for anything.

Copyright - While the physical creation of a doll might not directly infringe on copyright, if the design is based on a copyrighted photo or artwork, it could constitute CR infringement that results in a lawsuit that would make your head spin.

Defamation -- If the bobblehead portrays Merkel in a negative or false light, it could potentially lead to defamation or misrepresentation claims.

Jurisdiction Red Alert -- Laws concerning personality rights, IP, and defamation vary between countries. What might be OK in one country might be highly illegal in another. Run through that international minefield at your own risk.

Not sure where I'm going with this, but now that I got this out of my system, I can go back to simply enjoying the goofy bobbleheads for what they are.... :)

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