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Can I use a celebrity's name or image to promote my product in Delaware? What are the requirements?
Using a Celebrity’s Name or Image to Promote a Product in Delaware
In Delaware, using a celebrity’s name or image to promote a product is allowed as long as you have their permission or a license to use their likeness. However, there are certain requirements that must be met.
Right of Publicity
Delaware recognizes the right of publicity, which means that individuals have the exclusive right to control the commercial use of their name, image, likeness, or other recognizable aspects of their persona. This means that you cannot use a celebrity’s name or image without their permission or a license.
Requirements for Using a Celebrity’s Name or Image
If you want to use a celebrity’s name or image to promote your product in Delaware, you must obtain their permission or a license. This can be done through a written agreement that outlines the terms of use, including the duration, scope, and compensation.
Additionally, you must ensure that the use of the celebrity’s name or image does not imply their endorsement or sponsorship of your product. This can be done by including a disclaimer that states that the celebrity is not affiliated with your product or company.
Jurisdiction
Delaware