Right of Publicity Complaint

COMPLAINT FOR VIOLATION OF RIGHT OF PUBLICITY

IN THE [____] COURT OF [________________________________]

COUNTY OF [________________________________]

Case No.: [________________________________]

COMPLAINT FOR VIOLATION OF RIGHT OF PUBLICITY
(Misappropriation of Name, Image, and Likeness)

[________________________________]
Plaintiff,

v.

[________________________________]
Defendant(s).

I. INTRODUCTION

1. This is an action for violation of Plaintiff's right of publicity arising from Defendant's unauthorized use of Plaintiff's name, image, likeness, and/or identity for commercial purposes without Plaintiff's consent. Defendant has wrongfully exploited Plaintiff's persona for commercial gain, causing Plaintiff substantial damages.

II. PARTIES

2. Plaintiff [________________________________] ("Plaintiff") is:
   - ☐ An individual residing at [________________________________], City of [________________________________], County of [________________________________], State of [________________________________]
   - ☐ A professional in the field of [________________________________]
   - ☐ A public figure known for [________________________________]
   - ☐ Other: [________________________________]

3. Defendant [________________________________] ("Defendant") is:
   - ☐ An individual residing at [________________________________]
   - ☐ A corporation organized under the laws of [________________________________], with its principal place of business at [________________________________]
   - ☐ A limited liability company organized under the laws of [________________________________]
   - ☐ A partnership doing business as [________________________________]
   - ☐ Other entity: [________________________________]

4. The true names and capacities of Defendants sued herein as DOES 1 through [____] are unknown to Plaintiff.

III. JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction over this action because:
   - ☐ The amount in controversy exceeds $[________________________________]
   - ☐ Federal question jurisdiction exists under [________________________________]
   - ☐ Diversity jurisdiction exists under 28 U.S.C. § 1332
   - ☐ Other: [________________________________]

6. This Court has personal jurisdiction over Defendant because:
   - ☐ Defendant resides in this jurisdiction
   - ☐ Defendant conducts substantial business in this jurisdiction
   - ☐ The unauthorized use occurred in this jurisdiction
   - ☐ The products/services using Plaintiff's identity were sold/distributed in this jurisdiction
   - ☐ Other: [________________________________]

7. Venue is proper in this Court pursuant to [________________________________].

IV. FACTUAL ALLEGATIONS

A. Plaintiff's Identity and Commercial Value

8. Plaintiff is:
   - ☐ A professional athlete known for [________________________________]
   - ☐ An entertainer/performer known for [________________________________]
   - ☐ A celebrity/public figure known for [________________________________]
   - ☐ A model whose likeness has commercial value
   - ☐ An individual with a distinctive identity that has commercial value
   - ☐ Other: [________________________________]

9. Plaintiff's name, image, likeness, and identity have significant commercial value because: [________________________________]

10. Plaintiff has commercially exploited their identity through:
    - ☐ Endorsement agreements
    - ☐ Licensing arrangements
    - ☐ Appearance fees
    - ☐ Product sales
    - ☐ Other: [________________________________]

11. Plaintiff's typical compensation for authorized commercial use of their identity is approximately $[________________________________].

B. Defendant's Unauthorized Use

12. On or about [__/__/____], Defendant, without Plaintiff's knowledge, consent, or authorization, used Plaintiff's identity for commercial purposes as follows:

Description of Unauthorized Use:

[________________________________]

13. The specific elements of Plaintiff's identity that were misappropriated include:

☐ Name: Defendant used Plaintiff's name "[________________________________]" in the following manner: [________________________________]

☐ Photograph/Image: Defendant used photographs or images of Plaintiff, specifically: [________________________________]

☐ Likeness: Defendant used Plaintiff's likeness, including: [________________________________]

☐ Voice: Defendant used Plaintiff's voice or a voice that sounds substantially similar to Plaintiff's voice in: [________________________________]

☐ Signature: Defendant used Plaintiff's signature in: [________________________________]

☐ Digital Replica/AI-Generated Content: Defendant used an AI-generated or digital replica of Plaintiff's likeness or voice in: [________________________________]

☐ Other identifying characteristics: [________________________________]

C. Commercial Purpose

14. Defendant's use of Plaintiff's identity was for commercial purposes, specifically:

☐ Advertising/Marketing: Defendant used Plaintiff's identity to advertise or promote:

• Product/Service: [________________________________]
• Medium: [________________________________]
• Distribution: [________________________________]

☐ Product Sales: Defendant used Plaintiff's identity on or in connection with products:

• Product(s): [________________________________]
• Estimated sales: $[________________________________]

☐ Endorsement Implication: Defendant's use falsely implied that Plaintiff endorsed:

• [________________________________]

☐ Entertainment/Media: Defendant used Plaintiff's identity in:

• [________________________________]

☐ Other Commercial Use: [________________________________]

D. Lack of Consent

15. Plaintiff did not consent to Defendant's use of their identity.

16. Plaintiff has not entered into any agreement, contract, license, or other arrangement with Defendant authorizing the use of Plaintiff's identity.

17. Plaintiff has not received any compensation from Defendant for the use of their identity.

18. Defendant:
    - ☐ Never sought Plaintiff's consent
    - ☐ Sought consent but was refused
    - ☐ Had consent that was revoked on [__/__/____]
    - ☐ Exceeded the scope of any consent given

E. Defendant's Knowledge

19. Defendant knew or should have known that:
    - ☐ The use was unauthorized
    - ☐ Plaintiff had not consented
    - ☐ The use would create the impression of endorsement
    - ☐ Plaintiff's identity has commercial value

20. Facts demonstrating Defendant's knowledge include: [________________________________]

V. FIRST CAUSE OF ACTION: STATUTORY RIGHT OF PUBLICITY

(Under [State] Statute)

21. Plaintiff incorporates by reference all preceding paragraphs.

22. [State] Civil Code Section [____] / [applicable statute] provides that any person who knowingly uses another's name, voice, signature, photograph, or likeness for commercial purposes without consent is liable for damages.

23. Defendant knowingly used Plaintiff's [name/voice/signature/photograph/likeness/identity] within the meaning of [statute].

24. Defendant's use was for purposes of:
    - ☐ Advertising products, merchandise, goods, or services
    - ☐ Soliciting purchases of products, merchandise, goods, or services
    - ☐ Other commercial purposes: [________________________________]

25. Plaintiff did not consent to such use.

26. As a direct and proximate result of Defendant's statutory violation, Plaintiff has been damaged.

VI. SECOND CAUSE OF ACTION: COMMON LAW RIGHT OF PUBLICITY

27. Plaintiff incorporates by reference all preceding paragraphs.

28. Under common law, an individual has the right to control the commercial use of their identity.

29. The elements of common law right of publicity are:
    a. Defendant's use of Plaintiff's identity;
    b. Appropriation of Plaintiff's name or likeness to Defendant's commercial advantage;
    c. Lack of consent; and
    d. Resulting injury.

30. Each element is satisfied:
    a. Defendant used Plaintiff's identity by [________________________________]
    b. Defendant derived commercial advantage by [________________________________]
    c. Plaintiff did not consent to such use
    d. Plaintiff was injured as described below

VII. THIRD CAUSE OF ACTION: MISAPPROPRIATION OF LIKENESS

(Alternative/Additional Claim)

31. Plaintiff incorporates by reference all preceding paragraphs.

32. Defendant appropriated Plaintiff's likeness for Defendant's own use and benefit.

33. The appropriation was highly offensive to a reasonable person.

34. Plaintiff has been damaged by the appropriation.

VIII. FOURTH CAUSE OF ACTION: UNFAIR COMPETITION

(Under [State] Law / Lanham Act 15 U.S.C. § 1125(a))

35. Plaintiff incorporates by reference all preceding paragraphs.

36. Defendant's unauthorized use of Plaintiff's identity constitutes unfair competition because it:
    - ☐ Creates a false impression of endorsement or sponsorship
    - ☐ Creates confusion as to Plaintiff's affiliation with Defendant's products/services
    - ☐ Misrepresents the nature, characteristics, or qualities of Defendant's products/services

37. Defendant's conduct is likely to cause confusion, mistake, or deception among consumers.

IX. DAMAGES

38. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered substantial damages:

A. Actual Damages

39. Plaintiff has suffered actual damages including:
    - ☐ Fair market value of unauthorized use: $[________________________________]
    - ☐ Lost licensing fees: $[________________________________]
    - ☐ Lost endorsement opportunities: $[________________________________]
    - ☐ Diminished value of identity due to association with Defendant: $[________________________________]
    - ☐ Other economic losses: $[________________________________]

B. Defendant's Profits

40. Defendant has derived profits from the unauthorized use of Plaintiff's identity.

41. Plaintiff is entitled to Defendant's profits attributable to the misappropriation, estimated at $[________________________________].

C. Statutory Damages

42. Under [State] Civil Code Section [____], Plaintiff is entitled to the greater of:
    - ☐ Actual damages sustained; or
    - ☐ $[________________________________] per unauthorized use (statutory minimum)

D. Emotional Distress

43. Plaintiff has suffered emotional distress as a result of Defendant's unauthorized use, including: [________________________________]

E. Punitive/Exemplary Damages

44. Defendant's conduct was:
    - ☐ Willful
    - ☐ Knowing
    - ☐ Malicious
    - ☐ Oppressive

45. Punitive damages are warranted because: [________________________________]

F. Attorney's Fees

46. Under [statute], Plaintiff is entitled to recover reasonable attorney's fees and costs.

X. INJUNCTIVE RELIEF

47. Unless restrained by this Court, Defendant will continue to use Plaintiff's identity without authorization.

48. Plaintiff has no adequate remedy at law because:
    - ☐ Monetary damages cannot fully compensate for ongoing harm to Plaintiff's reputation and identity
    - ☐ Continued unauthorized use will cause irreparable injury
    - ☐ Each unauthorized use constitutes a separate violation

49. Plaintiff is entitled to preliminary and permanent injunctive relief.

XI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:

1. For actual damages in an amount according to proof at trial, but not less than $[________________________________];

2. For disgorgement of all profits Defendant derived from the unauthorized use of Plaintiff's identity;

3. For statutory damages as provided by law;

4. For punitive and exemplary damages in an amount sufficient to punish Defendant and deter similar conduct;

5. For a preliminary and permanent injunction:
   a. Enjoining Defendant from further use of Plaintiff's name, image, likeness, voice, or identity;
   b. Ordering Defendant to remove all unauthorized uses from all media;
   c. Ordering Defendant to cease all advertising and sales of products using Plaintiff's identity;
   d. Ordering Defendant to recall and destroy all materials containing unauthorized uses;

6. For reasonable attorney's fees and costs of suit;

7. For pre-judgment and post-judgment interest at the legal rate;

8. For such other and further relief as the Court deems just and proper.

XII. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

DATED: [__/__/____]

Respectfully submitted,

_________________________________
[________________________________]
Attorney for Plaintiff

Bar Number: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], declare:

I am the Plaintiff in the above-entitled action. I have read the foregoing Complaint and know its contents. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of [________________________________] that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________].

_________________________________
Plaintiff Signature

EXHIBITS

☐ Exhibit A: Examples of Unauthorized Use
☐ Exhibit B: Evidence of Plaintiff's Commercial Value
☐ Exhibit C: Plaintiff's Prior Licensing/Endorsement Agreements (redacted)
☐ Exhibit D: Evidence of Defendant's Profits
☐ Exhibit E: Other: [________________________________]

STATE-SPECIFIC NOTES

California

• Cal. Civ. Code § 3344 (living persons)
• Cal. Civ. Code § 3344.1 (deceased personalities - 70 years post-mortem)
• 2025 Update: SB 683 expanded protections to include AI-generated digital replicas
• Statutory damages: $750 minimum per unauthorized use
• Injunctive relief and attorney's fees available

New York

• N.Y. Civil Rights Law §§ 50-51
• Applies to use for "advertising purposes" or "trade"
• Criminal penalty possible (misdemeanor)
• No post-mortem rights for personas deceased before effective date

Texas

• Common law right of publicity recognized
• Property right that may descend to heirs
• No specific statute

Florida

• Fla. Stat. § 540.08 (commercial misappropriation)
• Applies to use for trade, commercial, or advertising purposes
• 40 years post-mortem protection

Indiana

• Ind. Code § 32-36-1 (comprehensive statute)
• 100 years post-mortem protection
• Transferable property right

SOURCES AND REFERENCES

• Right of Publicity - Legal Information Institute
• California Right of Publicity Statute Updates - Holmes Weinberg
• Right of Publicity 2025 - Venable LLP
• What is the Right of Publicity? - Minc Law