Legal Question in Intellectual Property in Texas

Re: Use of third party name

Depending on the purpose, you MIGHT be okay just using the name. But, do you really think it is a good idea to do so without discussing it with your customer first? If they are a good customer and you are using their name as an endorsement, they would probably be more than happy to allow you to use their name. I cannot see any good coming from doing so without their consent.

Re: Use of third party name

Probably not. This is an area of law known as the right of publicity. It varies slightly from state to state, but essentially it allows all of us to control how our image is used for commercial purposes. It is not just limited to celebrities an,d in some states, continues after a person dies. It's also know as appropriation--a form of invasion of privacy. All you really need to do is get your customers to sign a simple for model release agreement. Do a google search form model release and you'll find plenty. Just make sure it fits your needs.

As you know, testimonials can be an effective form of advertising. But the proper consents need to be secured. If you are working with an ad agency or production company, they should be able to help secure the required releases.

Re: Use of third party name

Feel free to contact me regarding this matter; my firm focuses on Internet and entertainment law.