Unauthorized use of son's name in book, seeking legal advice.

Question

I need legal help regarding a trainer who is writing a book falsely claiming personal experiences involving my son, James Edwards, using his full name and personal information without permission. The narrative is misleading, inaccurate, and hearsay, as the trainer was not involved in my son's journey. The book has not been published yet. What legal actions can I take to prevent or address this situation?

Emmanuel Coffy · Answer

You may have legal grounds to prevent the unauthorized use of your son's name and personal information in the book. Potential legal actions include: 
 
Cease and Desist Letter – Have an Attorney send a formal demand to stop using your son's name and personal details. 
Defamation Claim – If the book contains false and damaging statements, you may have a defamation case. 
Invasion of Privacy – If private details about your son are disclosed without consent, you could pursue legal action under privacy laws. 
Right of Publicity – Some jurisdictions protect individuals from unauthorized commercial use of their name and likeness. 
Pre-Publication Injunction – If there is sufficient legal basis, you may seek a court order to stop publication. 
Consult an attorney to evaluate your case and take appropriate action before the book is published.

James L. Arrasmith · Answer

You have the right to protect your son's privacy and reputation from unauthorized and misleading use in this upcoming book. The situation you describe could fall under privacy laws, specifically related to misappropriation of someone's name and likeness, and defamation if the information is false or misleading. 
 
First, you should consider sending a cease-and-desist letter to the trainer and the publisher, clearly stating your objections and demanding that your son's name and personal information be removed immediately from the manuscript. Emphasize that publishing false or misleading content could expose them to legal liability for defamation, invasion of privacy, and potentially emotional distress. 
 
If the trainer or publisher refuses to cooperate, you might need to seek an injunction from the court, which could legally prohibit the publication of your son's identifying information or misleading stories. It's important to act quickly, as preventing publication is typically easier than addressing damage afterward. Consulting directly with an attorney experienced in privacy and defamation law in your jurisdiction will help you understand your options and determine the best strategy to protect your son’s rights and your family's peace of mind.

Q: Unauthorized use of son's name in book, seeking legal advice.