Statutory Misappropriation of Likeness
1Elements and Case Citations
To state a claim for common law misappropriation of likeness under California law, a plaintiff must allege:
- the defendant's use of the plaintiff's identity;
- the appropriation of plaintiff's name or likeness to defendant's advantage, commercially or otherwise;
- lack of consent; and
- resulting injury.
“To state a statutory cause of action for misappropriation of likeness under California Civil Code § 3344, a plaintiff must allege, in addition to all of the elements of the common law cause of action, ‘a knowing use by the defendant as well as a direct connection between the alleged use and the commercial purpose.’”
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- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
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