December 10th 2024.
According to some legal experts, there may be a possibility for First Lady Jill Biden to take legal action against President-elect Donald Trump for using her image to promote his new fragrance line. This has caused quite a stir among Biden's supporters who believe that Trump has crossed a line by using her image without her consent.
On Sunday, Trump took to his social media platform, Truth Social, to share a photo of himself and Biden during their visit to the Notre-Dame cathedral. The first lady can be seen listening intently to Trump as he speaks, with products from his perfume line edited into the image. The caption reads, "A fragrance your enemies can't resist!" Trump went on to promote his new fragrance collection, named "Fight Fight Fight," which he claims represents his winning spirit.
The bottles feature an image of Trump with his signature raised fist, and the description on the website states, "For Patriots Who Never Back Down, Like President Trump. This Scent Is Your Rallying Cry In A Bottle." The "Cologne: Trump For Men" and "Perfume: Trump For Women" bottles are priced at $199 each.
Some experts have argued that Biden may have grounds to sue Trump for using her image without her consent. USC Law School professor Ben Meiselas, who specializes in name, image, and likeness law, believes that there is a strong case against Trump. He stated that Trump's use of an actual photo of Biden, with added text to mockingly suggest her endorsement, is a clear violation of her publicity rights.
Meiselas went on to say that if Biden decides to file a lawsuit, it would most likely be a slam-dunk case. He even estimated that she could win over $100 million in compensatory and punitive damages, if Trump's fragrance line brings in a significant amount of revenue.
However, the US Constitution and its First Amendment right to free speech may play a role in this case. State laws that protect a person's right to publicity may be overridden by the right to free speech. Rutgers University law professor Reid Kress Weisbord believes that Trump could argue that his social media post was a mix of humor and politics, which could protect him from legal action.
As of now, the White House and Trump's team have not responded to requests for comment. It remains to be seen if Biden will take any legal action against Trump, or if they will work together on the transition back to the White House.
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