Donald Trump may have violated the Lanham Act by using an image of Taylor Swift

Donald Trump may have broken the law when he shared a fake photo of Taylor Swift promoting his campaign, according to a legal expert.

Trump also shared other images of a loose group of Taylor Swift fans who support Trump and call themselves “Swifties for Trump.”

In an image generated by artificial intelligence, Swift was dressed as Uncle Sam, similar to a World War I recruitment poster, and bore the words: “Taylor Swift wants you to vote for Donald Trump.”

Trump captioned the post on his Truth Social account: “I accept!”

Swift supported Joe Biden in the 2020 election, but has not endorsed any other candidate this election cycle.

One legal commentator said Swift could sue Trump under the Lanham Act, a law that gives celebrities the right to sue to protect their image.

“The Lanham Act – which Congress passed some time ago – protects celebrity ‘brands’ and gives celebrities the ability to take action against individuals or companies that attempt to use the celebrity’s image to deceive consumers,” said Leslie Garfield Tenzer, a law professor at Pace University. Forbes.

However, she said Swift must first prove that voters could be considered “consumers” under the Lanham Act.

“Admittedly, voters are not necessarily consumers in this context – they are being asked to cast their vote – but I think you could draw an analogy,” she said.

“Surely she could get an injunction here and sue for misuse of the image,” added Garfield Tenzer.

The Lanham Act was introduced in 1948 to protect trademarks and their “distinctive character” and to prevent images from being used for sales advertising.

Newsweek asked for comment from the Trump campaign team via email on Wednesday.

Musicians can prevent election candidates from using their music and images, a music lawyer said. Newsweek.

Larry Iser, managing partner of the law firm KHIKS, has previously had to fight for David Byrne of the Talking Heads and singer Jackson Browne to prevent their music from being used at Republican Party rallies.

“If an artist finds that their music or intellectual property is being used without their consent, it is always best to contact legal counsel as soon as possible to send a demand letter informing the infringing person or company that this is not OK,” Iser said.

He said the Lanham Act could help.

“The artists should also consider suing the campaign under the Lanham Act for violation of their privacy rights and false advertising,” he said.

Iser represented singer and songwriter Jackson Browne in a lawsuit alleging that Republican presidential candidate John McCain infringed Browne’s copyright by using the song “Running On Empty” in a 2008 campaign ad.

The case was settled on confidential financial terms and McCain apologized.

He also represented Talking Heads lead singer David Byrne in litigation against then-Florida Governor Charlie Crist over the use of the Talking Heads song “Road To Nowhere” in a 2010 commercial. The case was settled with a confidential settlement and an apology.

Bruce Springsteen also banned Donald Trump from using “Born In The USA,” and former Smiths guitarist Johnny Marr recently announced that he would ban the use of the Smiths song “Please, Please, Let Me Get What I Want” at Trump rallies.