Right of Publicity
Do You Have an Issue Relating to the Commercial Use
of Someone's Name or Likeness?
The “right of publicity” is a right to protect against the misappropriation, for commercial purposes, of your name and likeness, or other recognizable elements of your personal identity.
This right is primarily a creature of individual states’ laws; thus, there are differences in the extent of the right in each state, such as whether the right survives the death of the person and whether the right can be transferred by inheritance or an assignment agreement. Accordingly, part of our role would be to help you sort through and determine which state’s law is applicable to your matter, or if there are multiple states’ laws in play and how each could impact your case.
Additionally, while there is not a Federal law that specifically recognizes a right of publicity, there is Federal law against unfair competition, false endorsement and false association that, nevertheless, may aid in protecting against the unauthorized use of one’s personal identity for commercial purposes.
Whether you are a plaintiff or defendant, we have the litigation experience to guide you through the complexities of a right of publicity claim. Over the years, we have been involved in right of publicity claims ranging from claims against online, interactive fantasy-football entertainment services to claims against jewelers promoting the sale of rings through use of a celebrity’s name. Thus, if you believe someone has misappropriated your name or likeness for commercial purposes, or if you have been accused of doing so, get in touch with us to discuss how we may help.
TYPES OF RIGHT OF PUBLICITY MATTERS:
- Enforcement litigation