An article in the January/February 2014 issue of The Atlantic entitled Jesse Willms, the Dark Lord of the Internet examines how one person has made a fortune from promoting products with deceptive or even fraudulent online advertisements. The article reports that the ads have included use of either the names or images of famous people.
The article talks about Oprah Winfrey and others who have filed lawsuits based on the fraudulent aspects of the ads, but I wonder if those lawsuits included Right of Publicity claims as well? Without examining the mechanics (jurisdiction, among other things), perhaps a meaningful damages award for a Right of Publicity infringement would serve as a bit of a deterrent?
Here’s a link to the online version of the article in The Atlantic: http://www.theatlantic.com/magazine/archive/2014/01/the-dark-lord-of-the-internet/355726/
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