Marilyn Monroe's enduring allure continues to captivate audiences decades after her passing, making her one of Hollywood's most commercially valuable icons. However, what many may not realize is that unauthorized use of her likeness, name, or even signature could lead to costly legal battles.
This article examines the intellectual property protections surrounding Marilyn Monroe's estate and highlights critical trademark risks that global sellers should be aware of to avoid legal pitfalls.
Marilyn Monroe Estate's Vigilant Trademark Protection
The Estate of Marilyn Monroe, LLC maintains exclusive rights to all intellectual property associated with the legendary actress, including comprehensive trademark protections. Since February 24, 2021, the estate has actively pursued legal action against infringement (Case No. 21-cv-788).
This legal stance means that commercial use of "Marilyn Monroe," "M Monroe," "Marilyn," or even the actress's distinctive signature without proper authorization constitutes trademark infringement. These elements are all legally protected intellectual property.
Common Infringement Scenarios to Avoid
- Product branding: Using Monroe-related trademarks in product names or descriptions that imply endorsement
- Marketing materials: Incorporating Monroe's image, photographs, or signature in advertising campaigns
- Merchandise: Producing items featuring Monroe's likeness, signature, or name (T-shirts, posters, phone cases, etc.)
- Digital properties: Registering domains or social media handles containing Monroe trademarks
- Commercial exploitation: Any unauthorized business use of Monroe's name, image, or signature
Notable Brand Protection Cases: Peanuts and Slap Chop
The Monroe estate isn't alone in aggressively protecting its intellectual property. Two additional cases serve as important warnings:
Peanuts Comics: The globally beloved comic strip characters (Charlie Brown, Snoopy, etc.) and "PEANUTS" trademark enjoy stringent copyright and trademark protections. On July 20, 2021, GBC filed suit on behalf of the copyright holders (Case No. 21-cv-3856). Both character images and the Peanuts name require proper licensing.
Slap Chop: The popular kitchen gadget's name is a registered trademark, particularly in culinary products. Sellers must exercise caution when referencing this product to avoid infringement claims.
Strategies for Global Sellers to Mitigate Risk
To navigate these intellectual property challenges, international sellers should implement these protective measures:
- Conduct thorough trademark searches before using any brand names, logos, or designs
- Verify copyright ownership for all visual, audio, or written content
- Consult intellectual property specialists for risk assessment and protection strategies
- Research jurisdiction-specific trademark laws before market entry
- Source materials from licensed providers or verified public domain collections
- Avoid brand imitation tactics that could constitute infringement
- Implement regular market monitoring to identify potential violations
Robust intellectual property protection forms a critical foundation for successful global commerce. By understanding and respecting trademark laws, businesses can operate with confidence while avoiding costly legal disputes.