Q: Hey, my name is Ondrej and i have a questions about my bussiness.
I was trying to sell a famous person stainless engraved army tag.
I wanted to ship it from Slovakia to United States.
The problem is that his face is engraved in the from of the army tag and in the back is his name.
Another thing is i have some photos on him on my website.
Is any of these prohibited and can i immediately be sued? and if so. What can i do?
Thanks a lot
Ondrej, your situation involves complex legal issues related to intellectual property and the right of publicity. When it comes to using a famous person's likeness, name, or image for commercial purposes, such as selling products with their engraved face and name, you may face legal challenges, especially in jurisdictions like the United States where the right of publicity is strongly protected.
Without the explicit consent of the famous person or their estate, using their image and name for commercial gain could potentially lead to a lawsuit. This applies not only to the product you're selling but also to the use of their photos on your website.
To mitigate the risk of legal action, it's advisable to seek permission from the individual or their representatives for the use of their likeness and name. If you have already produced these items or used their images without permission, you may need to cease selling them and remove their photos from your website to avoid potential legal issues.
In situations like this, consulting with an attorney who has expertise in intellectual property law, especially one familiar with international and U.S. laws, would be beneficial. They can provide specific advice and help you navigate the legal intricacies of your business venture. Remember, taking proactive steps to understand and comply with the law is crucial in protecting your business interests.
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