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Is it legal to put images of yourself of products that reside within a popular food line to advertise an event or CD?

Minneapolis, MN |

If a person puts their picture on a product such as baking sota and advertises it on CD and several others Can this person get sued?

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Attorney answers 1


If I understand you correctly, you propose to put a photo you took onto a brand name product to advertize that product. Yes, that can get you sued for "reverse passing off", a form of unfair competition. Passing off is where, for example, COKE labels COKE as PEPSI. Reverse passing off is where PEPSI labels COKE as PEPSI. Your proposal, if I understand it correctly, is analogous to the latter.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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