Legal Question in Civil Litigation in California

Dear James,

You may have a cause of action for misappropriation. You may have a cause of action based on common law misappropriation or Cal. Civ Code 3344, which reads "Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or oliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof."

The question is what are your damages. The statute provides for damages in the amount of $ 750.00 if there are no damages which you can quantify. Contact an attorney who handles privacy cases.

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Hi James,

Your name sounds familiar and I believe I may have eaten in your (former) restaurant. It may be misappropriation, and unjust enrichment, and possibly breach of contract. You may have a right to whatever the restaurant gained as a result of people believing you were chef there. Have me write a somewhat political letter to the restaurant. As a litigator, my letters can sometimes be persuasive. I may be able to resolve it, and may get you some compensation as well.

Regards,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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James, I couldn't find your name anywhere on Prana's website, or in any reviews that appear in a Google search except those from when you were there, and come cut-and paste text from earlier reviews. Do you have actual proof that they are currently using your name? If not, there's no case.

You have an action for misappropriaton of identity for commercial advantage. Contact me directly.