Legal Question in Business Law in New York

Can I put someones business/personal name on a flyer?

I would like to write a story that will at some point go public but I do not know the law and would like to know if I would be allowed by law to hand out flyers with a business name and a person's name that is not my own? Can I be sued by the company? Can I be sued by the person that I name? or am I covered by freedom of speech?


Asked on 6/11/04, 5:55 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Can I put someones business/personal name on a flyer?

You're kind of vague on the facts and accordingly it's impossible to give you an accurate answer. The answer to your question is fact specific.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/14/04, 10:16 am
William Frenkel Frenkel Sukhman LLP

Re: Can I put someones business/personal name on a flyer?

Your freedom of speech as a writer is going to be constrained to some extent in any manuscript you write by considerations of publicity/privacy, trademark law and other laws protecting individual and trade names and their reputation. This determination is highly factual and contextual so no advice can be given without examining all the facts. If you use a flyer to promote your book or for other commercial purposes and use other people's or company's names in the copy, your legal exposure increases significantly, especially if trademark infringement is involved. Bottom line: get the person's / company's permission if you can or change the names so that the real people/companies won't be recognizable.

This reply is in the nature of general information, is not legal advice and should not be relied upon as such.

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Answered on 6/11/04, 7:09 pm


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