In this second blog of our series on social media promotion we are looking at the use of names – of people, brands or businesses – and likenesses.

Areas of law that often arise at the juncture of names and likenesses, and social media, are the right of publicity, trademark protection and defamation.  Although there are variations in different jurisdictions, the right of publicity generally provides that each person has the exclusive right to commercially exploit their own name and likeness; use by anyone else requires permission.  Trademark laws also protect names, but the focus is on the impact on the public:  where a company’s use of a name is likely to cause the public to be confused about the source of products or services that use is usually prohibited.  Defamation is a false statement made, e.g., via social media, which causes harm to an individual or business, such as a derogatory statement that hurts the individual’s reputation and as a result diminishes the economic value of that person’s name and likeness.
Continue Reading Social Media Promotion: Dos And Don’ts With Names And Likenesses