Restatement (Third), Unfair Competition § 47

RESTATEMENT OF THE LAW, 3rd,
UNFAIR COMPETITION

§ 47 USE FOR PURPOSES OF TRADE

The name, likeness, and other indicia of a person's identity are used "for purposes of trade" under the rule stated in § 46 if they are used in advertising the user's goods or services, or are placed on merchandise marketed by the user, or are used in connection with services rendered by the user. However, use "for purposes of trade" does not ordinarily include the use of a person's identity in news reporting, commentary, entertainment, works of fiction or nonfiction, or in advertising that is incidental to such uses.