Invasion of Privacy – Wrongful Use of Name & Likeness

Intellectual PropertyIf someone is using your name or likeness in connection with the sale of goods or other advertising, they may be liable under California law for “Invasion of Privacy.”   The right of publicity is a form of intellectual property distinct from trademark and copyright that protects against the unauthorized use of a person’s name, voice, signature, photograph or likeness in connection with commercial activity.  California Civil Code Section 3344(a).

These types of claims are complex, but also have many potential remedies which can add up to a significant recovery.  The business litigation attorneys of Brown & Charbonneau, LLP can help.  Call us today to learn more about your case  at 714-505-3000.

Damages in Invasion of Privacy

Invasion of privacy claims allow for the recovery of damages caused, profits wrongfully earned by the adverse party, injunction, punitive damages and attorneys’ fees.  “Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising… without such person’s prior consent” shall be liable for damages and attorney’s fees (and potentially punitive damages).  Civil Code Section 3344(a).

Getting Legal Help

Call us today toll free at 714-505-3000 to schedule a consultation and learn more about how we can help you.

Brown & Charbonneau, LLP represents individuals as well as large and small companies in cases involving all forms business disputes and claims involving wrongful use of name and likeness. If you are involved in a such a dispute, or would like to learn about your rights and how to protect your interests, we can provide you with the information you need.