One reason for conflicting cases is that there isn't just one law on the right of publicity.

FORBES: Publicity Shy

Sixteen states have established the right of publicity solely through statute, and 10 states have recognized the right solely under common law.

FORBES: Encores By Marilyn Monroe, Tupac and Elvis Raise Publicity Rights Concerns

Right-of-publicity laws, which give people the right to control the use of their identity.

FORBES: Publicity Shy

In the present case, the claims against Mr. Vaughan are straightforward: trademark infringement under the Lanham Act, Texas unfair competition, including right of publicity, palming off and misappropriation.

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Indeed, our legal system has long recognized that we all have a "right of publicity, " which means that we each have the right to control the use of our name, image and likeness.

CNN: In defense of Justin Bieber

Publicity laws grant famous personalities the right to control the commercial exploitation of certain aspects of their identity, such as their names and likenesses.

FORBES: Encores By Marilyn Monroe, Tupac and Elvis Raise Publicity Rights Concerns