Yes, as long as the public perceives the portrait as a distinctive sign for the product and not as decoration. For example, if a portrait of singer Michael Jackson is displayed on a CD, it is more likely to be recognized as representing the artist on the CD rather than as a distinctive sign. It is also important to note that a person’s appearance changes over time. This raises the question of whether the product should continue using the younger portrait or switch to a new one. In such cases, a new portrait trademark would be required.
In addition, the name of a well-known person can serve effectively as a trademark, for example, for clothing (Johan Cruijff) or perfumes (Christina Aguilera). Copyright law provides protection for a person’s portrait.
