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My husbands picture and story about his sleep apnea were in

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an advertisement for snoring solution...
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: 1 year ago.Category: Legal
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8/4/2016
Lawyer: Loren, Attorney replied 1 year ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 35,920
Experience: 30 years experience representing clients.
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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:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

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.

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Customer reply replied 1 year 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
Lawyer: Loren, Attorney replied 1 year ago

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

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Lawyer: Loren, Attorney replied 1 year ago

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

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Lawyer: Loren, Attorney replied 1 year 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.

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Lawyer: Loren, Attorney replied 1 year 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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Loren
Loren
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Satisfied Customers: 35,920
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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