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Can I use a celebrity's name or image to promote my product in Wisconsin? What are the requirements?
Use of Celebrity Name or Image to Promote Product in Wisconsin
In Wisconsin, the use of a celebrity’s name or image to promote a product is governed by the state’s right of publicity law. This law protects an individual’s right to control the commercial use of their name, image, likeness, or other identifying aspects of their persona [3].
To use a celebrity’s name or image to promote a product in Wisconsin, you must obtain their consent. This can be done through a written agreement that outlines the terms of the use and any compensation that will be provided to the celebrity [3].
It is important to note that even if a celebrity has passed away, their right of publicity may still be protected in Wisconsin. In such cases, the right may be transferred to the celebrity’s estate or heirs [3].
Requirements for Using a Celebrity Name or Image
When using a celebrity’s name or image to promote a product in Wisconsin, there are several requirements that must be met:
- Consent: As mentioned above, you must obtain the celebrity’s consent to use their name or image for commercial purposes [3].
- Truthful Advertising: The use of a celebrity’s name or image must not be misleading or deceptive. Any claims made in the advertisement must be truthful and substantiated [3].
- No Endorsement Implication: The use of a celebrity’s name or image must not imply that the celebrity endorses the product, unless they have given their explicit consent to do so [3].
- No False Association: The use of a celebrity’s name or image must not create a false association between the celebrity and the product [3].
Conclusion
To use a celebrity’s name or image to promote a product in Wisconsin, you must obtain their consent and ensure that the use meets the requirements outlined above. Failure to do so may result in legal action being taken against you.
Source(s):
Jurisdiction
Wisconsin