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.