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Misappropriation of the Name or Likeness of Another
Misappropriation of the Name of Likeness of Another is an invasion of privacy tort for the unwanted and unpermitted use of the name or likeness of an ordinary person. This is similar to, but distinct from, Misappropriation of the Right of Publicity, which involves property rights instead of privacy rights.
The elements of misappropriation upon name or likeness of another are:
- Public use
- Of a person’s name or likeness
- That is unwanted and unauthorized
- And results in an invasion of privacy that is redressable by general damages for the mental anguish and embarrassment suffered