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
A:
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
