What can I do in this situation?

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What can I do in this situation?

There is a photo of me that someone else is using to
sell a product that isnt theirs. They are using it
without my permission. Its on a site called ali
express they are trying to sell a wig using my picture.
What do I do? How much money can I get back from
this if I sue?

Asked on January 23, 2019 under Personal Injury, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue for the use of your likeness for unauthorized commercial purposes, such as in advertising or other promotional activities. There are 2 distinct legal claims that could apply to these kinds of uses: (1) invasion of privacy through misappropriation of name or likeness ("misappropriation"); and (2) violation of the right of publicity (this is the right of a person to control and make money from the commercial use of his or her identity). As to the amount of your calim, you'll really need to consultdireclt with a persona injury attorney as to the specific facts of your case.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue the person for invasion of privacy which is the appropriation of your name or likeness for commercial purposes without your consent.
The amount you may possibly recover depends on the facts and your claim. For example, are you claiming emotional distress? Are you claiming punitive damages (an amount to punish the intentional wrongful act) ?


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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