Generally, a person has the exclusive right to license the use of his/her identity for commercial purposes. In this regard, the right of publicity protects an individual from the unauthorized commercial use of his/her name, photograph, voice, signature and likeness. It gives an individual the exclusive right to license the use of their identity for commercial promotion.
A plaintiff pursuing a right of publicity claim under California Civil Code § 3344 may be entitled to recover monetary damages, statutory penalties, disgorgement of profits, attorney’s fees and costs and even punitive damages for a knowing use of his/her protected identity.
Along with our intellectual property colleagues, the Law Offices of Craig Hubble is skilled at understanding and applying the statutory and common law rights and remedies involved in right of publicity litigation. As with all our areas of practice, we utilize a hands-on, dedicated approach to each case, and provide you with the personal attention and exemplary representation that you deserve.
If you believe that someone has knowingly used your protected identity in connection with any advertising or promotional efforts without your consent, contact us today for a free consultation as to your rights and potential remedies. These matters typically are pursued on a contingency basis, so there will be no fee unless and until you are compensated.