OF MARKS AND MINORS

Celebrity parents and parents of celebrities are registering their children's names as federal trademarks with growing frequency. When an applicant applies to register a trademark that includes the name, signature, or portrait of a living individual, the Lanham Act requires that the individual's consent be made of record. If the individual is a minor, their parent or guardian must consent on their behalf. But what happens when the minor grows up and realizes she does not want to be the face of a brand of baked goods, or he does not want his parents profiting off a line of apparel that shares his name-without sharing their profits? No mechanism currently exists for an individual to terminate or revoke consent to the registration of a trademark that includes their name or image. This Article calls for reform and proposes several ways the law could enable minors to assert control over the registration of their name or likeness in order to better protect their autonomy, privacy, and rights of publicity while serving the goals of trademark law.