IP Investigations: Name & Likeness

Brand Name and Likeness Protection

Question: Someone is putting my name or image on a product without my permission. What can I do about it?

The most valuable thing that a person can own is his or her identity. As a piece of intellectual property, his or her name and likeness or publicity rights represent a person’s identity. Continental Enterprises ("Continental") has been at the forefront of the fight aggressively protecting this basic property right throughout the United States and abroad.

Our home state of Indiana has one of the most effective and comprehensive name and likeness statutes in the country, providing protection for one hundred years after the death of an individual. Continental has used this fact to effectively disrupt infringers' business and protect our clients' publicity rights.

Continental approaches name and likeness protection with pragmatism, creativity and aggressiveness. As with other IP violations, mid and low-level manufacturers often commit name and likeness infringements. Effective enforcement against these infringers requires a business solution. In other words, protection must be affordable in order to be truly effective. Our first goal is to make stealing our clients' name and likeness a bad business decision. Our second goal is to recapture our clients' control over this valuable piece of intellectual property. Our strategies and tactics in the areas of Asset Recovery and Trademark Reclamation are also very relevant to the protection of publicity rights.

Protecting our clients' name and likeness rights requires innovation and a keen appreciation of the value of their IP. Our staff continues to develop cost-effective and creative ways to effectively insure that those rights remain secure.