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Can I use a celebrity's name or image to promote my product in Texas? What are the requirements?
Requirements for Using a Celebrity’s Name or Image to Promote a Product in Texas
In Texas, using a celebrity’s name or image to promote a product is subject to certain requirements. The Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) prohibits false, misleading, or deceptive acts or practices in the conduct of any trade or commerce [8].
According to the DTPA, using a celebrity’s name or image to promote a product can be considered deceptive if it creates a false impression that the celebrity endorses or approves of the product [8]. Therefore, if you want to use a celebrity’s name or image to promote your product in Texas, you must ensure that the use of the celebrity’s name or image is not likely to mislead or deceive consumers into believing that the celebrity endorses or approves of the product.
To avoid any legal issues, it is recommended that you obtain the celebrity’s written consent before using their name or image to promote your product. This consent should clearly state the terms and conditions of the use of the celebrity’s name or image, including the duration, scope, and compensation, if any [8].
Conclusion
In summary, using a celebrity’s name or image to promote a product in Texas is subject to certain requirements under the Texas Deceptive Trade Practices-Consumer Protection Act. To avoid any legal issues, it is recommended that you obtain the celebrity’s written consent before using their name or image to promote your product.
Source(s):
Jurisdiction
Texas