Claws, Paws, and Laws: Protecting the Animal Performer's Brand Under the Lanham Act

As animals take on increasingly prominent roles in branding and marketing, the legal tools available to protect their commercial identities matter. The right of publicity and right of privacy apply only to persons, leaving animal performers exposed to unauthorized use of their name, image, and likeness. Trademark law fills that gap. Registered under the Lanham Act, a trademark can protect an animal's likeness, name, or associated marks against consumer confusion and unauthorized commercial exploitation, preserving the brand's commercial value and market integrity. Lauren E. Hansson, Sheppard, and Max A. Kirkham, The Walt Disney Company, examine how trademark law applies to animal performers, what qualifies for protection, and how owners can build and enforce rights in an animal brand. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.