The Failure Of A Company To Remove A Former Employee’s Name From Its Website Is Not Unauthorized Use

In Leary v. Punzi, the failure of a company to remove a former employee’s name from their website was not considered an unauthorized use in terms of advertising. The use of the individual’s name must be considered to determine the extent of the use and also to determine how much control has been exerted over the website and whether or not a commercial element is present.

The following questions have been addressed in this article:

What is the right of publicity?
What is the statute at issue?
What are the facts of this case?
What did the court determine?
What is the significance of this case?


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