Legal Question in Intellectual Property in California

I have an intellectual property case and need to know how many attributes of identity need be copied in order to have a right of publicity case.


Asked on 12/02/11, 10:53 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Wow, someone Who Has A Case. The Calfiornia statute, Civil Code � 3344, just says, "Anyone who uses another's name, voice, signature, photograph, or likeness, in any manner[.]"

Read more
Answered on 12/02/11, 11:01 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Stone omits "knowingly" between "who" and "uses," otherwise he is right insofar as the applicable statute. I think, however, that judging whether to sue in the first place, whether to negotiate a settlement and what to think is a fair settlement, what to ask for in the way of damages, and all other aspects of a lawsuit must be determined based upon a combination of experience, client injury, strength of all aspects of the case, and depth of defendant pockets.

Read more
Answered on 12/02/11, 6:10 pm


Related Questions & Answers

More Intellectual Property questions and answers in California