Hello,
This response is somewhat more relevant.

However, TM applies to one or more VERY SPECIFIC IMAGES or "treatments" of a
trade name or image. For example, the distinctive Coca Cola logo is
trademarked because it has been used substantially in that form only in
connection with one product.

For Mark Twain's image to be trademarked implies that there is a single
"portrait" or "representation" of Mark Twain (or Sam Clemens) that has been
used distinctively for many many years.  What is that image?

CMG is "infamous" for having re-defined the "right-to-publicity" within the
state of Indiana.  They largely function, stated simplistically, by the
"threat of lawsuit" which comes down to "pay us now or spend a lot of money
hoping that you don't have to pay us later."

We're all well aware of the the claim (legitimate) to copyright on works
published later, but this has no effect on photographs of Twain taken by
others before or after he died.

If, for example, you were to paint a portrait of Clemens and put it on a
T-Shirt, what possible basis could CMG or anyone else have to stop you?

This MUST be clearly defined by a specific law. One can't simply assert it
on Wednesday afternoon at 4:13PM because the robins are chirping on the
lawn. There is a long drawn out, public process where the law arrives --
clearly defined -- in a book, for judges, lawyers and, oh yes, everyday
folks, to read, argue about, and use as a basis to take Roger Durrett's home
away from him without his permission or consent.

Else I could assert that I owned the right to publicity for anyone on this
list just because I thought I was a good idea and you don't have deep enough
pockets to prove I'm wrong. Or, indeed, is that what's going on here?

It seems, thankfully, that during his lifetime, Clemens spent more time
spouting bon mots than he did lawsuits.

Edward Summer
THE BUFFALO FILM FESTIVAL