Right of Publicity Enforcement

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Intellectual Property and TechnologyRight of Publicity

Right of publicity enforcement shuts down unauthorized commercial use of your name, image, and likeness through monitoring, cease and desist demands, platform takedowns, and litigation when someone profits off your identity without permission.

When someone uses your name, image, or likeness to sell something without your say-so, that is a problem you can act on. We protect individuals against the commercial misappropriation of their identity, matching the response to the violation: a quiet takedown for a knock-off listing, a sharp demand letter for an unauthorized ad, or a lawsuit when the use is serious and the infringer will not back down. The point is to stop the misuse and, where the law allows, make it cost something.

Finding the Violations

You cannot enforce what you do not know about, so enforcement starts with detection. We help put monitoring in place that catches unauthorized commercial use across advertising, physical products, online marketplaces, social platforms, and newer media as it emerges. Catching misuse early gives you options: a fast takedown before a campaign spreads, leverage in a demand before money changes hands, and a cleaner record if the dispute ends up in court. The earlier you see it, the cheaper it usually is to shut down.

Demand Letters and Takedowns

A lot of misuse ends with a well-aimed letter. We send cease and desist demands that lay out your rights, identify exactly what is unauthorized, and require it to stop, and a professional, well-supported demand often gets compliance without anyone filing suit. When the misuse lives online, we work the platforms directly, pursuing takedowns through the reporting channels on social networks, e-commerce marketplaces, and ad platforms to pull infringing content down quickly and without the cost of litigation.

Litigation When It Is Needed

When letters and takedowns do not do the job, litigation gives you remedies that actually bite. We bring right of publicity claims in state and federal court, seeking injunctions to halt the unauthorized use and damages for the misappropriation. Because publicity rights are governed by a patchwork of state laws that differ on scope, standards, and remedies, we tailor the claim to the law that applies, and we work to position the case for the outcome you want from the start.

Criminal Referrals and Cross-Border Reach

Some violations go past civil enforcement. When identity theft, counterfeiting, or fraud is wrapped up in the misuse, we coordinate with law enforcement to push for criminal attention where it is warranted. And because unauthorized use rarely respects borders, we work with foreign counsel to chase down infringement abroad, coordinating enforcement across jurisdictions so an infringer cannot simply move offshore and keep profiting from your identity.

Frequently asked questions

It is using your name, image, voice, or likeness to sell something without your permission, think advertising, merchandise, or implied endorsements. The key word is commercial; someone profiting off who you are is the core of a publicity claim. A news article using your name is a different matter.

Depending on the state, you may recover the fair market value of the use, the profits the defendant made from it, and in some places statutory or punitive damages on top. Which of those are available turns on the specific state law that governs your claim. We assess your jurisdiction before estimating what is realistically on the table.

The main tools are a cease and desist demand, takedown requests to the platforms hosting the content, and a court injunction if those do not work. Which one fits depends on who the infringer is and how fast you need it down. Often a firm demand resolves it, but the injunction is the backstop when it does not.

First Amendment protections can apply to genuinely transformative works, commentary, and parody, and those defenses do sometimes win. The question is whether the use actually adds something expressive or just trades on your identity to sell a product. We analyze how likely the defense is to hold up before deciding how hard to push.

Yes, typically by working with local counsel in the relevant country. Many countries recognize some form of personality or image rights, though what they protect and how strongly varies widely. We coordinate with foreign counsel to pursue the claim where the misuse is happening.

AI-generated likenesses and deepfakes raise newer questions, but they can still implicate your existing publicity rights when used commercially. We pursue claims under the laws already on the books while the law in this area continues to develop. The unsettled parts make early, careful framing of the claim important.

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