Hi we are working on a marketing campaign (We're a UK agency), we would like to tell the story of US person who we believe is dead. They are not celebrity famous, but the person does have a known story for something they tried to do back in the 70's.
I doubt they ever claimed a trademark on their name and there is only a small amount of information about them on the internet. Our campaign does have a commercial intent and the company we are working with do intend to profit from the story.
Can anyone advise on an approach so that we don't get caught up in a legal battle with the estate and royalties. We want to be respectful to the family, but have been unable to find a living relative thus far and no trademark on the persons name. If we go ahead with the story can we be sued? They are not particularly famous although there is an infamous story - its not quite Al Capone, but this is the kind of story we're wishing to tell.
We believe the person may have been from Montana.
Thanks in advance.
I doubt they ever claimed a trademark on their name and there is only a small amount of information about them on the internet. Our campaign does have a commercial intent and the company we are working with do intend to profit from the story.
Can anyone advise on an approach so that we don't get caught up in a legal battle with the estate and royalties. We want to be respectful to the family, but have been unable to find a living relative thus far and no trademark on the persons name. If we go ahead with the story can we be sued? They are not particularly famous although there is an infamous story - its not quite Al Capone, but this is the kind of story we're wishing to tell.
We believe the person may have been from Montana.
Thanks in advance.
Right of Publicity: Using a Real Person's Name in Our Marketing Campaign
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