Persona

In the context of the right of publicity, “persona” is a term that provides a broad interpretation of what can indicate a person’s identity.  Initially, right of publicity and appropriation claims were limited to uses of a person’s name or likeness.  Persona, however, is a broad umbrella term that encompasses virtually anything that evokes or even reminds the public of a particular person, including numbers on sports jerseys, blonde hair, color schemes, and catch-phrases.  Most famously, the federal Court of Appeals for the Ninth Circuit controversially held that a television commercial featuring a robot wearing a blond wig used Vanna White’s identity because viewers of the ad would bring her to mind when watching the robot turn letters on a Wheel of Fortune set.  See White v. Samsung Electronics Am., Inc., 971 F.2s 1395 (9th Cir. 1992).