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Loren, Attorney
Category: Legal
Satisfied Customers: 30837
Experience:  30 years experience representing clients.
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My husbands picture and story about his sleep apnea were in

Customer Question

My husbands picture and story about his sleep apnea were in an advertisement for snoring solution without his knowledge or permission. They did not use his name but it was his story
Submitted: 7 months ago.
Category: Legal
Expert:  Loren replied 7 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

It is illegal to use your husband's likeness for commercial endorsement without his consent.

Send a cease and desist letter.

If they continue, sue for unauthorized use of likeness for commercial promotion. You may wan to retain a local attorney if you decide to sue.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Customer: replied 7 months ago.
Can we sue now or do we have to do the cease and desist, we are very concerned because the pictures were taken while he was asleep and we didn't know any were taken. We are worried where else the pictures are being used
Expert:  Loren replied 7 months ago.

You can sue now, but send a cease and desist letter, as well. You are still entitled to damages for the unauthorized use.

Expert:  Loren replied 7 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 7 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (5 stars) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

Expert:  Loren replied 7 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.

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