Merch and the Right of Publicity
You’ve wanted your own line of merch for as long as you can remember. When you were in grade school, you’d make drawings of designs that could someday go on a t-shirt or back pack. By the time you were in high school, you were sketching complete clothing lines for the models you’d seen in fashion magazines.
Your childhood dream has finally come true. A few months ago, you launched a line of merchandise that includes hoodies, t-shirts and hats. You were thrilled. Every Instagram story for the two weeks following the launch included a picture of you in a hoodie you designed.
Recently you were on line and found a website selling knockoff hoodies with your picture on the front of the hoodie. Your head started to spin, you didn’t know what to do. How could someone do that to you? What did this mean for your dream?
Still in a fog, you took a deeper internet dive. You were horrified to find another website that was ripping you off. The company was using a clip from one of your videos to sell a smartphone app that, of all things, helped users get more Instagram likes. You never thought this could happen. You're frustrated. You don't know how to respond to these copycats, but you know you need a lawyer.
We protect creators like you to help them be more successful. Celebrities and Influencers hire us to protect against the unauthorized use of their name and photo on merchandise because they know that the brand they’ve built has enormous value. It must be protected.
The value of a person’s identity lies at the heart of the right of publicity. Businesses cannot be allowed to put the celebrity’s picture on merchandise without permission. It is a violation of the Influencer’s right of publicity. With social media, you must fight to maintain control of that right.
Take the next step to protect yourself and the brand you’ve worked so hard to build. Call as at (310) 451-5800 to schedule a meeting.
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