Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
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We cannot advise you on how to make this decision as it is one of personal choice. However, you may want to consider adding a statement where both sides specifically acknowledge, attest, and agree that they are not aware of any other misappropriations to date. Once this type of statement is inserted, then you might try to ask for a full release of any and all claims. Thereafter, if they claim to find two more misappropriated images, they would also have to prove that those images were only discovered AFTER the date of the settlement and not BEFORE.
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Yes, you are correct that a settlement agreement would typically include a clause asking for release of any and all claims between the parties that were known or unknown as of the date of the agreement. So, this is a matter of what you can negotiate. Another possibility is to modify the language to read something like: "release of any and all claims between the parties that were known or reasonably could have been discovered as of the date of the settlement agreement"....
It is unclear without much more specific research what the statute of limitations is under NJ law for a misappropriation of likeness case. But, the statute may not start to run until they knew or reasonably should have known of this conduct. So, if the limitations period is 3 years, it may well extend beyond that.