Legal Question in Intellectual Property in New York

Using someones name in a pulication without prior consent

I have an idea for a book I want to publish which involves a compilation of professional people (ie: attorneys, doctors etc) with funny sounding names. ie: Richard ''Dick'' Bag and Phil Hershaft. These names are in public records and nothing defamatory would be mentioned. Only the actual name and maybe occupation and state of residence would be published. Can I do this without the person's permission or prior knowledge? Are there any possible negative implications?


Asked on 8/07/08, 2:59 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Using someones name in a pulication without prior consent

This is a personal, not a legal, opinion.

As the former bearer of an unusual name that got ridiculed in the schoolyard (as I'm sure Dick and Phil did), I can tell you in no uncertain terms that it would be at best unkind to publish such a book, especially with information that is identifiable about the individual (such as occupation or state of residence). People don't particularly enjoy being the butt of jokes, and having one's name -- that series of syllables that identifies one's self -- ridiculed because it sounds like something else is a rude joke of a very personal nature. Whether it's legally actionable or not, it's in mighty poor taste.

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Answered on 8/07/08, 11:27 pm


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