Helping Individuals And Celebrities Victimized By Unauthorized Commercialization
California law protects private individuals and celebrities — living or deceased — from unauthorized commercial use of their names and likenesses in connection with the sale of merchandise. If a person or company has misappropriated your name or likeness for a commercial purpose, you have legal rights and may be entitled to financial compensation.
If you believe you’ve been wronged, I can evaluate your case and determine the best course of action for seeking a remedy.
You Have Rights To Your Name And Likeness In California
Whether you’re a private individual or a celebrity, your name and likeness are precious commodities. If anyone profits from your image, it should be you. Unfortunately, unauthorized uses do occur — and they can cause you embarrassment, humiliation and loss in the commercial value of your name and likeness.
As an experienced intellectual property lawyer, I can help you fight unauthorized use and know how to pursue a remedy appropriate to your situation. Here are some of your options:
- Licensing agreement: You can negotiate to license your image for commercial use at a fair price, which can be a mutually profitable arrangement.
- Court injunction: A court injunction can be sought to forbid the infringing use pending a preliminary decision on the matter or decision on the merits.
- Statutory damages: California law allows you to sue for actual damages or $750 in damages for each unauthorized use, whichever is greater.
- Actual damages: You are entitled to recover the actual damages you suffered as a result of the unauthorized use of your work. You may also be able to recoup profits from the unauthorized use that were not taken into account when calculating your actual damages.
- Punitive damages: In appropriate cases, punitive damages — damages that are intended to punish the wrongdoer — may be awarded.
- Prevailing party attorneys’ fees and expenses: The prevailing party may be awarded attorneys’ fees and expenses.
Protecting The Rights Of Individuals And Celebrities
In my practice, I have successfully represented minors, celebrities and representatives of deceased celebrities, helping them protect against the unauthorized use of their names or likenesses.
If you are a victim of unauthorized use of your name or likeness, Fergus, A Law Office, has the knowledge and experience to help. Call me today at 866-256-5487 or contact my downtown San Francisco office online.