Famous Athletes Lash Out at Those Who Use their Name, Likeness or Other Personal Attributes Without Permission
By Deanna Reiss
In most situations, you can be sued for using someone else’s name, likeness or other personal attributes without permission, for an exploitative purpose. This means you can run into trouble when you utilize someone’s name or photograph, or in this case avatar, in a commercial setting, such as advertising or other promotional activities.
There are two distinct claims that apply to these unauthorized uses: (1) invasion of the First Amendment’s Right of Privacy