Legal Question in Business Law in California

Mis-use of name

I worked for a warehouse company in CA as a VP of sales for 15 years and retired 1 1/2 years ago. During my retirement I maintained a position of consultant. Six months ago, the owner sold the business. The current owners have not expressed interest in keeping me on as a consultant, either full or part time. Since the sale, they have kept my name on the company's signage, as well as the website. They both indicate to contact me at the phone number issued to me by the company. Question: Can they use my name to entice potential customers?


Asked on 5/22/08, 8:16 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mis-use of name

No. No one can use another's name, reputation or likeness for commercial gain without permission. There are limited exceptions based on the First Amendment right of free speech and newsworthiness. You might also think about whether there are any circumstances, or defenses, the former employer might raise showing that you had somehow already given them a license or royalty agreement, or had otherwise surrendered your rights. Otherwise, I'd say you are entitled to an injunction, damages for the value of your name, and possibly punitive damages if the company's disregard for your rights has been flagrant

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Answered on 5/22/08, 10:44 pm


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