How To Prove A Florida Invasion of Privacy – Appropriation Claim
In Florida, a claim of Invasion of Privacy – Appropriation is defined as:
Invasion of Privacy by Appropriation of Name or Likeness occurs when one appropriates or assumes another person’s name or likeness for his or her own use and benefit.
It simply means:
When one party uses another party’s name, image, or likeness for their own benefit.
There are 3 elements of the claim:
- Element 1. The defendant used the plaintiff’s name or likeness. The defendant used the plaintiff’s name or image without permission, which means they took something personal about the plaintiff and used it for their own benefit, violating the plaintiff’s right to control how their identity is used.
Facts that might support this element look like:
* The defendant published an advertisement featuring the plaintiff’s photograph without obtaining consent.
* The defendant used the plaintiff’s name in a promotional campaign to sell products, misleading consumers about the plaintiff’s endorsement.
* The defendant created a social media account using the plaintiff’s likeness to gain followers and promote their business.
* The defendant included the plaintiff’s image in a video that was distributed widely online, without the plaintiff’s permission.
* The defendant’s marketing materials prominently displayed the plaintiff’s name, suggesting a false association with the plaintiff’s brand. - Element 2. The defendant was not authorized to use the plaintiff’s name or likeness. The defendant used the plaintiff’s name or image without permission, which means they didn’t have the right to do so, leading to a claim of invasion of privacy through appropriation.
Facts that might support this element look like:
* The defendant did not obtain any written or verbal consent from the plaintiff to use their name or likeness in any promotional materials.
* The plaintiff has never had a business relationship with the defendant that would allow for the use of their name or likeness.
* The defendant’s use of the plaintiff’s name and likeness was for commercial gain without any prior authorization.
* The plaintiff has publicly stated that they do not endorse the defendant’s products or services.
* The defendant failed to provide any evidence of an agreement or permission from the plaintiff regarding the use of their name or likeness. - Element 3. The defendant obtained some benefit from the unauthorized use. In an invasion of privacy claim for appropriation, this element means that the person being sued gained something valuable, like money or fame, by using someone else’s name or image without permission.
Facts that might support this element look like:
* The defendant used the plaintiff’s likeness in a marketing campaign, which increased their sales by 20%.
* The defendant received significant media attention and social media engagement due to the unauthorized use of the plaintiff’s image.
* The defendant profited from merchandise featuring the plaintiff’s likeness, generating thousands of dollars in revenue.
* The defendant’s unauthorized use of the plaintiff’s identity led to a rise in brand recognition and customer interest.
* The defendant was able to attract new clients and partnerships as a direct result of the plaintiff’s image being associated with their brand.
(See Allstate Ins. Co. v. Ginsberg, 863 So. 2d 156 (Fla. 2003).)
If you’re in court without a lawyer and plan to assert a Claim of Invasion of Privacy – Appropriation, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
Prove Your FL Invasion of Privacy – Appropriation Claim
U.S. Civil Cases Only