1

A Person's Name or Likeness Cannot Be Used For Commercial Purposes Without Consent

California law prohibits the commercial use of another's name, voice, signature, photograph or other likeness without that person's consent. California Civil Code Section 3344. This prohibition does not apply in connection with any news, public affairs, or sports broadcast, or in connection with any political campaign.

2

The Unlawful Use of Another's Name or Image Can Be Enjoined.

If a person's name, voice, signature, photograph or other likeness is being used without consent, in a commercial context, an injunction can be obtained to prevent his/her name or image from being used in this manner.

3

Damages For the Unauthorized Use Of a Name or Image

If a legal action is brought to recover damages for the unauthorized use of a name, voice, signature, photograph or other likeness, the aggrieved party can seek any damages he/she sustains, all of the profits made by the defendant, and punitive damages.

4

Conclusion

As would be expected in the state where many celebrities call home, California law is very protective of names and images, and provides harsh penalties for such unauthorized use in a commercial context. If your name or image has been used for commercial purposes, without consent, you should consult with an attorney skilled in this area of the law to determine how to enjoin such conduct, and to recover any resultant damages