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33 S. Cal. L. Rev. 31 (1959-1960)
Legal Protection of the Manifestations of Individual Personality-The Indentity-Indicia

handle is hein.journals/scal33 and id is 41 raw text is: 1959] LEGAL PROTECTION OF THE MANIFESTATIONS OF INDIVIDUAL PERSONALITY-THE IDENTITY-INDICIA Priscilla L. Rider* I. THE FUNCTION OF IDENTITY IN SOCIETY It has been said that the name, image, and reputation are manifestations of individual personality.' It is by the name, appearance, or reputation that one is generally known. One may also be known by works, products, creations, accomplishments, talents, or skill. The personality has several aspects-not only the totality of the real person as he is, and as he thinks himself to be,2 but also the various aspects of his inner self that he has succeeded in projecting to others.3 The external aspects vary with the observer, the time, or the particular circumstances under which the observations are made. The personality is not static; it constantly changes with the experiences encountered. It is subject to some conscious management, and, in this sense, may be said to be a part of the way a person contrives to adapt, adjust, and get along in his world. These manifestations of personality, the ways in which one is distin- guished from his fellows, may also be called manifestations of individual identity.4 Identity is used herein in the sense of total-identity. The word personality, as it is popularly used, may sometimes be synonymous with an identity concept.' The name, image, reputation, works, products, creations, talents, and skills are discussed here, not only as manifestations of indi- vidual personality, but also in their function as identity-indicia.6 Legal rights do not exist in the abstract, but have meaning only as they attach to the individual, whether singly, as one of a specific group, A thesis presented to the Faculty of the Law School, University of Southern California, in partial fulfillment of the requirement for the degree of Master of Laws. L.L.B., 1956, LL.M., 1959, University of Southern California. Assistant Law Librarian, University of Southern California. 11 CALLMAN, UNFAiR CoMPTITION AND TRADEMARKS 53 (2d ed. 1950). 2See RucH, PSYcHOLOGY AND LIFE 30 (4th ed. 1953): The self is the personality 'viewed from within.' 31d. at 29. See, e.g., MENNINGER, THE HUMAN MIND 23 (3d ed. corrected, enlarged, and rewritten 1955) : The word 'personality' serves our purpose. Of course it has been used to describe almost everything from the attributes of the soul to those of a new talcum powder. As I shall use it, it means the individual as a whole, his height and weight and loves and hates and blood-pressure and reflexes; his smiles and hopes and bowed legs and enlarged tonsils. It means all that anyone is and all that he is trying to become. This is the modern psychiatric meaning of the term 'personality.' 4See, e.g., 1 APPLEToN-CENTURY-CRoFTS NEw CENTURY DICTIONARY 1289 (1948): personality.. .n; The quality of being personal or being a person; the essential character of a person as distinguished from a thing; existence as a self-conscious being; also, personal idenity [emphasis added] (as one whose personality has not been determined); also the qualities of a person, considered collectively; distinctive personal character..... 5 ee, e.g., MENNINGER, op. cit. supra note 3, at 23. GAs used herein the phrase identity-indicia may apply to any characteristic by which an individual is distinguished from his fellows. Likewise, it may apply to a distingushing at- tribute, skill, or accomplishment.