Legal Question in Intellectual Property in New York

This question is in regards to using someone's name or likeness to sell a product for profit without their consent.

There is a prominent figure in sports that is well know for his anger and abrupt departure from games. I have designed a graphic to be imprinted on a beer mug with a few witty words referencing his behavior. Also I have made a black outline that is relatively recognizable to be his face. I made this in MS Paint copying as closely as possible an actual photo of him.

The words and drawing combined make it quite obvious who is being referenced but I am not using an actual image of him or claiming it is him or using his name in advertising or trying to sell the product. It is up to the purchaser to make these connections.

Could I face any legal problems with this?


Asked on 8/06/11, 11:41 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only say the following. You've said the outline is "relatively recognizable," That combined with your "few witty words" is probably enough to get you a lawsuit. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 8/07/11, 7:34 am


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