Legal Question in Intellectual Property in California

I had a similar matter two years ago and got the pictures taken down right away after I sent a cease and desist letter.

If a website is using pictures of your face or other identifiable parts of your body without your consent, and you reside in California, you may be able to initiate a suit for violating your right of publicity (a common law cause of action) and possibly for commercial misappropriation of name and likeness under Civil Code section 3344. There are other possible causes of action as well.

Often (but not always) these websites are run by some lone individual that will respond to a cease and desist letter from an attorney citing the above authority. If the website entity or its individual owner has any assets, it may be worth your while to initiate suit as well.

Feel free to contact me for a free fifteen minute consultation by the information below. The foregoing does not constitute legal advice and is provided for informational purposes only. Legal advice must take into account facts and circumstances which are not identified in your question, and should be the result of a give-and-take conversation with an attorney. No attorney-client or other relationship is created by the undersigned responding to the above question.

I wish you the best in resolving this matter.

Sincerely,

Justin Sobodash

The Law Office of Justin Sobodash

9107 Wilshire Blvd., Suite 450

Beverly Hills, California 90210

Telephone: 310.461.3577

Facsimile: 310.461.1901

www.sobodashlaw.com

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