Question

If a defendant makes an untrue statement of fact about the plaintiff and the statement was intentionally or accidentally published to a third party, the defendant is held liable for misappropriation of the right to publicity.

True or False

Answer 1

Answer:

false

Explanation:

In common law, the right of publicity refers to the ownership and control of the commercial exploit of a company's or a person's image or persona. E.g. forged t-shirts with the names and logos of professional sports teams are in direct violation of the right of publicity.

In this case, there was no commercial exploitation of the plaintiff's name, so there cannot be a violation of the right of publicity.

Answer 2

Answer:

False

Explanation:

The defendant cannot be held liable for misappropriation of the right to publicity because the defendant making an untrue statement of fact about a plaintiff was not meant for commercial purpose. the person that can be held liable in such situation is the third party who publish the statement for commercial purpose without the consent of the plaintiff.

The right to publicity is a form of intellectual right that protects against the exploitation  of one's name, logo or statement  for commercial purpose without the consent of the person.