Legal Question in Civil Litigation in Massachusetts

public relations query

I am not admitted in Mass but can offer my opinion.

Your description does not suggest that either side lost any money. Use of your name without permission would be actionable if it caused you damages. It might also be actionable if it didn't, but that varies by state and I can't say re Massachusetts. I assume you were dealing intrastate with your client and that's where your name was used.

Liability of Public Relations for Success of Event

To a great extent, the result will depend on what was in the agreement between the two of you. For example, if you promised that 5,000 people would attend if you were hired, and only 100 people came, and you were hired, then perhaps your client was damaged. Bringing a lawsuit, and winning a lawsuit, are two very different things. Anyone can bring a lawsuit.. but not every lawsuit is a winner. If you had a written agreement with your client, look to the agreement to see if you did what you were committed to do, and if your client did what he was committed to do. Your agreement should spell out what state law governs the agreement. If it does not, the controlling law must be determined by the judicial system, as well as where a lawsuit can be brought. If both client and PR professional are in Mass, then it is probably going to be Mass law. The use of your name without your consent will be an issue that you can counter with, in the event that you are sued (assuming you don't want to initiate a lawsuit on your own). To recover, you have to show that the other party is liable, and then demonstrate the damages you have suffered. Sometimes, the law provides a minimum, or "statutory" amount of damages (in copyright infringement, when the work has been registered, and infringement is willful, for example.

If you are served with legal paperwork for a lawsuit, see a lawyer as soon as possible. You have a limited amount of time to respond, and if you don't respond, the court assumes everything the other party says to be true. No matter how silly the claims look, always answer (don't think that by not showing up, the court will realize how silly the claims are, it does not work that way). If I represented you, we would need to discuss many of the relevant details that are not included in your description of your problem.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.