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.
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.
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.
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
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.