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Can I use a celebrity's name or image to promote my product in Kansas? What are the requirements?
Using a celebrity’s name or image to promote a product in Kansas
In Kansas, using a celebrity’s name or image to promote a product is allowed as long as you have their consent or permission. Without their consent, it could be considered a violation of their right of publicity.
According to KSST Chapter 60, Article 33, the right of publicity is defined as “the inherent right of every human being to control the commercial use of his or her identity.” Therefore, using a celebrity’s name or image for commercial purposes without their consent could result in legal action against you.
Requirements for using a celebrity’s name or image
If you have obtained the celebrity’s consent to use their name or image, there are still some requirements you need to follow.
Firstly, you need to make sure that the advertisement is not false or misleading. According to KSST Chapter 50, Article 6, false or misleading advertising is prohibited in Kansas.
Secondly, you need to make sure that the advertisement does not violate any other laws or regulations. For example, if the product you are promoting is alcohol, you need to comply with the regulations set forth in KSST Chapter 41, Article 1.
Conclusion
In summary, you can use a celebrity’s name or image to promote your product in Kansas as long as you have their consent and follow the requirements set forth by the law. However, it is important to ensure that the advertisement is not false or misleading and does not violate any other laws or regulations.
Jurisdiction
Kansas