Right of Publicity Litigation

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Intellectual Property and TechnologyRight of Publicity

We prosecute and defend right of publicity claims in state and federal courts, addressing unauthorized commercial use of name, image, and likeness.

Litigating Identity Rights Disputes

When right of publicity disputes cannot be resolved informally, litigation provides remedies for both talent whose rights have been violated and defendants facing unwarranted claims. Our Right of Publicity Litigation practice handles disputes in courts nationwide.

Plaintiff Representation

We represent talent asserting claims for unauthorized commercial use of their identity. We prove the elements required under applicable state law—protected identity aspects, commercial use, lack of consent, and damages. We seek injunctive relief stopping ongoing violations and damages for past misuse.

Defense Representation

We defend against right of publicity claims for advertisers, publishers, and others. We develop First Amendment defenses for newsworthy, editorial, and transformative uses. We challenge elements of plaintiff's claims and minimize exposure when liability exists.

State Law Complexity

Right of publicity law is state-specific, creating complexity in multi-jurisdictional matters. We analyze applicable state law, consider forum selection strategy, and address choice of law issues. We understand the varying elements and defenses across jurisdictions.

Constitutional Defenses

First Amendment protections limit publicity rights. We develop defenses based on newsworthiness, transformative use, and public interest. We distinguish protected commentary from actionable commercial exploitation.

Damages Analysis

Publicity rights damages can be substantial. We work with economists to value unauthorized use, prove damages, or challenge inflated claims. We analyze comparable licensing deals and market evidence.

Injunctive Relief

Stopping ongoing violations often matters more than damages. We pursue preliminary and permanent injunctions preventing continued unauthorized use.

Frequently asked questions

Generally: protected identity aspect, commercial use, lack of consent, and damages. Specific elements vary by state law.

Fair market value of unauthorized use, defendant's profits from use, and potentially statutory damages, punitive damages, or attorneys' fees depending on state law.

First Amendment protection for newsworthy and transformative uses, consent, statute of limitations, and challenges to protected identity elements.

Yes, preliminary and permanent injunctions are available to stop ongoing unauthorized use. Injunctive relief is often the most valuable remedy.

Forum selection considers applicable state law, defendant location, and strategic factors. Both state and federal courts have jurisdiction.

Timelines vary by court and complexity. Cases may resolve quickly through preliminary injunction or take years if fully litigated.

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