Q: Can I sue someone for appropriation of name, image, likeness under the federal RICO act

A: You have asked a very good question. I believe that both the advertising companies and the brand are legitimate defendants, certainly at this point, before you have taken discovery. I would argue that the fact that the brand benefitted from seven different advertising companies could create a presumption that they should have known that you did not waive your right to publicity and to protect the use of your likeness. In New York, such use may constitute both a civil and criminal violation of rights and the Courts are explicitly granted the right to award exemplary or consequential, damages, which can be substantial.

I do not believe that the treble damages remedy under RICO is satisfied by the facts you stated. You need to have a criminal predicate act under Federal Law or State law (under the 18 USC 1961 (1)(A), and the acts you have described, without more, would not constitute such a predicate.

However, you may seek both equitable and legal remedies, that is, an injunction and money damages, which can be a powerful motivator for payment.

A: In your situation, where multiple advertisement companies are using your name and likeness without consent, a lawsuit for the right to publicity is more appropriate than a RICO case. The Racketeer Influenced and Corrupt Organizations Act (RICO) is typically used for cases involving organized crime or ongoing criminal enterprises, not for violations of personal rights like publicity or privacy.

For the unauthorized use of your image and name by these companies, you have grounds to pursue a civil lawsuit based on the right to publicity. This right protects individuals from having their likeness used for commercial purposes without permission.

You can also consider suing the brand that is being advertised. If they are complicit or benefiting from the unauthorized use of your likeness, they may also be liable.

Consult with a legal professional experienced in intellectual property and privacy law. They can provide guidance specific to your situation and jurisdiction, especially considering the complexity of dealing with multiple companies and possibly different legal systems, given your French Canadian identity and Italian lifestyle influence.