In a co-authored article, Lauren Hannson explains that while human performers can protect their name, image and likeness through privacy and publicity rights, those doctrines generally do not extend to animals. As a result, when an animal becomes a recognizable “performer” or brand asset, trademark law often becomes the primary mechanism for stopping unauthorized commercial uses that could create consumer confusion or undermine the animal’s marketability for endorsements, merchandise and other licensing opportunities.
The article notes that the Lanham Act can protect a wide range of source identifiers, including nontraditional marks, so an animal’s name or likeness may be protectable if it is used in commerce and consumers associate it with particular goods or services. It points to high value examples such as Grumpy Cat, Jiffpom and Nala Cat to illustrate how strategic trademark registrations can support significant monetization, and it concludes that as animals play larger roles in advertising and social media marketing, trademark protection can help preserve and grow the commercial value of these animal brands.
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