Right of Publicity - Litigation

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Right of Publicity

Right of publicity litigation enforces your name, image, voice, and likeness against unauthorized commercial use, or defends you when a claim threatens protected speech, advertising, or creative work.

Right of publicity litigation sits where intellectual property, the First Amendment, and commercial law collide. A claim can involve a face on a product, a soundalike voice in an ad, or a celebrity's persona used to imply an endorsement that never happened. We litigate these disputes nationwide, on both sides, and we know how state-by-state differences in publicity and likeness law shape every move.

Enforcing Publicity Rights

When someone exploits your name, image, or likeness without permission, we build the case to stop it. We represent individuals and estates pursuing misappropriation and false endorsement claims, document the unauthorized commercial use, and pursue injunctions and damages. We move quickly to preserve evidence and lock down the scope of the infringement before it spreads across products, channels, or platforms.

Defending Likeness Claims

Not every use of a person's identity is unlawful, and aggressive plaintiffs often forget that. We defend companies, publishers, and creators facing publicity and false endorsement claims, asserting First Amendment protection, newsworthiness, transformative use, and consent where the facts support them. We test whether the plaintiff can prove commercial use at all, and we push back on theories that would turn ordinary expression into a payout.

Emergency And Injunctive Relief

Speed often decides these disputes. We pursue temporary restraining orders and preliminary injunctions to halt ongoing exploitation before a campaign runs its course, and we defend clients against overreaching injunction requests that would shut down legitimate speech or sales. We frame the irreparable-harm and likelihood-of-success arguments that courts weigh, and prepare for the expedited hearings these motions invite.

Proving And Contesting Damages

Right of publicity damages turn on the commercial value of an identity, and the numbers are frequently contested. We work with valuation and licensing experts to quantify what unauthorized use is actually worth and to recover profits attributable to the misappropriation. On defense, we scrutinize inflated celebrity damage models, challenge the licensing comparables behind them, and hold plaintiffs to proof rather than reputation.

Frequently asked questions

These claims are governed by state law, so which state's law applies can change the outcome and is worth analyzing early. Some states have statutory publicity rights with defined remedies, while others rely on common law. Choosing the right forum and law is part of building the case.

Generally, that the defendant used your identity, for a commercial purpose, without your consent, causing you harm. The specific elements vary by jurisdiction, so the exact showing depends on where the case is brought. We map the proof to the elements that apply in your forum.

Common ones are First Amendment protection for news and commentary, transformative use in artistic works, claimed consent or authorization, and the statute of limitations. Which defenses have teeth depends on the facts and the jurisdiction. We plan for them from the outset rather than reacting later.

Yes. Injunctive relief is available to halt ongoing unauthorized uses, and emergency relief may be possible when the exploitation is time-sensitive, like a campaign tied to an event. Stopping the use quickly is often as important as recovering money. We pursue both where the situation calls for it.

Typical measures are the fair market value of the use, the defendant's profits attributable to using your identity, and in some cases punitive damages. Proving these often takes expert testimony on valuation and profit attribution. The available measures, and how generous they are, vary by state.

Sometimes. A class action can work when many people's publicity rights were violated in the same way, for example a service that used many users' images without consent. But individual questions, like each person's damages, often predominate and can make certification difficult. Whether a class fits depends on how uniform the violations are.

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