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Right of Publicity

The right to control the commercial use of one’s identity, also known as the “right of publicity,” is a newer form of intellectual property right, but it is increasingly important due to the prevalence of sponsorships and endorsements involved in the marketing and advertising of today. Cantor Colburn attorneys prosecute and defend clients' rights of publicity in many ways.

We provide strategic counsel on the development of clients' rights regarding the use of their personas, including names, images, photographs, voices, signatures, and other aspects of their identities, and provide guidance on how to protect and enforce such characteristics.

Through regular reviews of client marketing and advertising materials, we help clients both minimize exposure to claims for misappropriation of rights of publicity and avoid inadvertent violations.

Policing of proper use is key to successful enforcement of a client’s rights of publicity. When rights of publicity are infringed, we act quickly to resolve the issue through settlement or litigation. Should a third-party claim be made against a client, we ably defend them both in and out of court.

In addition, our team regularly reviews licensing agreements for both licensors and licensees to ensure compliance with applicable rights of publicity laws.

We are experienced in preparing and negotiating agreements for the assignment and transfer of the full spectrum of intellectual property rights, including rights of publicity. For clients engaged in merger, acquisition, or divestiture transactions, we conduct due diligence to determine that all IP rights are in order.