In applying the foregoing factors a court will most likely determine that Rodriguez’s image is not a portrait or picture. Firstly, the logo that Rodriguez displayed is placed on the window of the studio, his website, and promotional material. Rodriguez is clearly a fan of the band U2, as he named his tattoo parlor after one of their songs. Rodriguez admittedly attended one of Out of Control’s gigs in Brooklyn that features Forrest playing the role of Bono.
Forrest contends that the logo demonstrates a recognizable likeness towards his role as the singer of the band (he wears a military cap and sunglasses). Clearly, there is some similarity between the logo and Forrest’s role as a tribute artist. However, the man depicted in the logo has a wider face and the image is pixilated. Thus, it is hard to conclude unequivocally that there is a recognizable likeness. The statute requires more than merely suggesting characteristics. Similar to the image in Allen, there was no illusion that the logo actually is of Forrest, as there are clear physical differences between the logo and photograph. In contrast to the image in Ali, there is no clear recognizable likeness in the logo.
Moreover, as in Burck, the logo did not use an actual photograph or picture, it only evoked certain aspects of …show more content…
However, Rodriguez was there to promote his store, as his target audience is the New York scene. Similarly to Cohen, one close to Forrest may be able to identify him from the logo. However, in Cohen actual bodies were identifiable from behind. Here, there is no actual body in the logo, but the depiction may allude to Forrest based on the context. However, it may also allude to Bono, or even a generic rocker in the New York music scene. The pixilation in the logo makes it extremely difficult to conclude whether Forrest’s portrait or picture is being
Forrest contends that the logo demonstrates a recognizable likeness towards his role as the singer of the band (he wears a military cap and sunglasses). Clearly, there is some similarity between the logo and Forrest’s role as a tribute artist. However, the man depicted in the logo has a wider face and the image is pixilated. Thus, it is hard to conclude unequivocally that there is a recognizable likeness. The statute requires more than merely suggesting characteristics. Similar to the image in Allen, there was no illusion that the logo actually is of Forrest, as there are clear physical differences between the logo and photograph. In contrast to the image in Ali, there is no clear recognizable likeness in the logo.
Moreover, as in Burck, the logo did not use an actual photograph or picture, it only evoked certain aspects of …show more content…
However, Rodriguez was there to promote his store, as his target audience is the New York scene. Similarly to Cohen, one close to Forrest may be able to identify him from the logo. However, in Cohen actual bodies were identifiable from behind. Here, there is no actual body in the logo, but the depiction may allude to Forrest based on the context. However, it may also allude to Bono, or even a generic rocker in the New York music scene. The pixilation in the logo makes it extremely difficult to conclude whether Forrest’s portrait or picture is being