Journal of Intellectual Property Law
Abstract
In our increasingly digital world, exposure to fame and fortune has become more accessible than ever, and many pet owners have taken advantage of this. The rise of “petfluencers” has called into question the extent of available rights of these celebrity animals’ owners to protect and maintain their pet’s commercial value, thus preventing instances of unfair enrichment from other’s exploitation of their beloved animals. This Note argues for the acceptance of an animal’s right of publicity. We begin with an exploration of the right of publicity itself and its current applications. Next, we will discuss the intellectual property rights currently available to pets, followed by an explanation and specific examples as to how these current rights are ineffective in preventing certain harms. Finally, this Note will analyze the possible implications of altering the law, both positive and negative, and ultimately craft the argument that a change is necessary with some discussion on the possible routes of implementation.
Recommended Citation
Lauren Didelot,
Paws Off My Image: Why Rights of Publicity Should Be Expanded,
32
J. Intell. Prop. L.
40
(2025).
Available at:
https://digitalcommons.law.uga.edu/jipl/vol32/iss2/3