Discussion:
What is the name of your state?What is the name of your state? NY/NJ/PA
What's your thoughts on the legality of this Jerry Garcia t-shirt?

Just like the famous Air Jordan logo, a silohuette of Garcia's body is seen flying through the air, in "dunking pose." From what I have read, this is legal on the Nike side of the issue since its an obvious parody of Nike's Air Jordan logo. It's a parody, not a knockoff.
But can Garcia's estate, or whoever owns the rights to his name and merchandising, sue for compensation? If it was a silhoutte of Tony Hawk with skateboard in hand and it said "Air Hawk", could Tony Hawk bring charges.
Any insight you can give would be much appreciated. Thanks.
Answer:
You are parodying the Air Jordan logo not Garcia or Hawk. You are using likenesses of Garcia and Hawk for commercial gain without their permission.
I would expect a stern letter from their attorneys requesting that you cease and desist. Hire a lawyer to give you odds on whether you would win after paying several thousand in legal fees.
Answer:
Thank you. Also, is there a way to parody Jerry Garcia in this same logo design? Where do you draw the line between parody and "likeness"?
What if it was a less recognizable figure from a more obscure sport, like Jimmy Houston of fishing fame. Jimmy probably has a line of rods and lures, but is he able to claim "likeness" if their brand is just based on his name, and not his face or image?
Answer:
Thank you. Also, is there a way to parody Jerry Garcia in this same logo design? Where do you draw the line between parody and "likeness"?
What if it was a less recognizable figure from a more obscure sport, like Jimmy Houston of fishing fame. Jimmy probably has a line of rods and lures, but is he able to claim "likeness" if their brand is just based on his name, and not his face or image? Protection of "likeness" is different from state-to-state, and is always based on state law, not federal law. The use of a living person's likeness without permission will pretty much get you in trouble in every state -- you simply have to have permission to use someone else's likeness in a commercial venture.
However, a dead person is a different story. Most states (California being the main exception) to not recognize the rights of a dead person (or, more to the point, their estate) to sue people for using their likeness, even if the use is commercial.
From a practical standpoint, though, it may not matter -- if the estate of Jerry Garcia DOES decide to sue you, you are still going to have to hire an attorney to defend yourself, even if you are in a state which does not recognize the rights of a dead person to restrict the commercial exploitation of their likeness. And further, depending on where you sell these shirts, it's potentially possible that you could find yourself subject to jurisdiction in CA, where the estate DOES have the right to sue to protect the likeness of a dead person (in many cases).