A Connecticut Tobacco Farmer Tries to Trademark ANNA NICOLE SMITH Name

From ABC News: "Anna Nicole Gold Rush Continues":

Connecticut farmer Craig R. Miner has applied for the trademark of the late Anna Nicole Smith's name. According to trademark attorneys, he probably won't be allowed to make money off of her famous name...

"What's clear is that someone not authorized by the estate has no right to trademark that person's name," says Paul van Slyke, an attorney who helped the Elvis Presley estate successfully sue the Velvet Elvis, a bar in Memphis.

All states have laws that protect the right of publicity. "During a person's lifetime, we all have a right of publicity — nobody can use our identity, signature, picture and voice to advertise commercial products or interests," says van Slyke.

Many states have postmortem statutes that extend that right after a person's death, most notably, the Elvis Presley statute in Tennessee, a law the late singer's estate lobbied the legislature to enact...