Can I use a celebrity's name or image to promote my product in North Dakota? What are the requirements?

Based on the documents provided, North Dakota does not have a specific right of publicity statute. However, the use of a celebrity’s name or image to promote a product in North Dakota may still be subject to certain legal requirements.

Use of Name or Image

Under North Dakota common law, the use of a person’s name or image for commercial purposes without their consent may be considered an invasion of privacy ^[1]. Therefore, it is generally advisable to obtain the celebrity’s consent before using their name or image to promote a product.

False Endorsement

Even with a celebrity’s consent, the use of their name or image may still be subject to claims of false endorsement if it implies that the celebrity endorses or approves of the product ^[1]. To avoid this, it is important to make it clear that the celebrity is not endorsing the product.

Other Considerations

In addition to the above, there may be other legal requirements to consider when using a celebrity’s name or image to promote a product in North Dakota, such as intellectual property laws ^[2] and advertising regulations ^[6]. It is recommended to consult with a legal professional for guidance on these matters.

Therefore, it is advisable to obtain the celebrity’s consent and make it clear that they are not endorsing the product to avoid any potential legal issues.

Source(s):

• [1] North Dakota Century Code
• [2] North Dakota Administrative Code
• [6] General

Jurisdiction

North Dakota

• Privacy