Twitter's posthumous blue checks look a lot like necro-advertising, the legally questionable marketing strategy that uses dead celebrities to boost sales
Recent changes at Twitter indicate the tech giant may be trying its hand at a form of necro-advertising, usersdelebs — dead celebrities — including Kobe Bryant and Anthony Bourdain had verification check marks placed on their inactive accountsBut using a dead person's likeness in an endorsement comes with ethical and legal questions, according to industry experts.
Federally, the Lanham Act protects consumers against false endorsement and extends to people's postmortem likeness as long as it can be proven that the use of the decedent's image would"be likely to confuse as to the sponsorship or approval of a defendant's goods," according to theWhen brands run afoul of those laws, the estate of a dead celebrity can sue – and the Monroe estate has, on multiple occasions.
Gilden wrote that the current system of posthumous endorsement"pays little heed to the dignity of the deceased or to the desire for surviving fans to maintain emotional and psychological bonds with them."
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