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Don Forrest 's Right Of Privacy

Good Essays

Under N.Y. Civ. Rights Law §§ 50 and 51 (McKinney 2011), has our client, Thierry Rodriguez (“Rodriguez”), violated Sebastian Forrest’s (“Forrest”) right of privacy when Rodriguez: (1) designed a logo for his tattoo studio with an image resembling Forrest singing in the role of Bono in a U2 cover band; (2) displayed the logo on the window of his studio, along with the name of the shop; and (3) used the logo in promotional material and his website?
Brief Answer Probably no. A court likely would not find Rodriguez guilty of violating Forrest’s right of privacy. N.Y. Civ. Rights Law §§ 50 and 51 state that “a person that uses for advertising purposes, or for the purposes of trade, the name, voice, portrait, or picture of any living person …show more content…

U2 is an Irish rock band that has a global fan base. Bono has a familiar likeness, traditionally wearing sunglasses and a military cap in public. Rodriguez promotes his tattoos to the New York music scene. Recently, Rodriguez designed a studio logo, depicting a man singing whilst wearing sunglasses and a military hat. The storefront of his studio displays the logo, along with the name of the shop. Rodriguez invested $5,600 in his logo development and marketing rollout. The logo and shop name appear on Rodriguez’s website and promotional material, which includes business cards, flyers, and t-shirts. Forrest claims that the image is a depiction of Forrest singing, noting that Rodriguez attended one of Out of Control’s gigs at the Brooklyn Bowl, as evidenced by Rodriguez’s Facebook calendar.
Discussion
Our client, Rodriguez, seeks legal advice regarding whether a court might find that his logo constitutes a violation of Forrest’s “right of privacy.” Regarding the “right of privacy,” N.Y. Civ. Rights Law §§ 50 and 51 state that “a person that uses for advertising purposes, or for the purposes of trade, the name, voice, portrait, or picture of any living person without having first obtained the

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