Commercial Misappropriation

Sportslaw Jargon: Commercial Misappropriation

Commercial Misappropriation occurs when a person, firm or corporation uses the name, portrait, picture or sound of any living person for advertising purposes, or for the purposes of trade, without first having obtained the written consent of such person.

This tort concept is based on the protection of a proprietary interest, almost similar to a copyright. It focuses on the right of the individual to reap the reward of his success and reputation.

Examples of successful cases brought by athletes include: Muhammad Ali (he sued Playgirl magazine after it a picture of a nude black man seating in the corner of a boxing ring with the term "the greatest") and Kareem Abdul-Jabaar (he sued GM, claiming they used his former name Lew Alcindor in an Oldsmobile commercial).

Commercial misappropriation has been becoming more and more important in recent years as it has expanded to imitations and sound-alikes, whereby others try to "adopt" the characteristics of a person, usually a celebrity with a wide public following. For example, a robot with a blond wig and the sign "game show hostess" was considered so "similar" to game show hostess Vanna White that Samsung Electronics was ordered to pay damages after the television commercial was aired.