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From a trademark point of view, a persons name or likeness canthrough proper trademark use and/or registrationalso develop into a trademark. As a result, some celebrities register their names and/or likenesses as trademarks.
Using the name of likeness of another occurs when a business or individual uses someones name, photograph, or other defining attributes or likeness for commercial purposes, such as advertising or other promotional activities.
In most states, you can be sued for using someone elses name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someones name or photograph in a commercial setting, such as in advertising or other promotional activities.
You cannot trademark your likeness just to prevent its use without your express permission; there must be a commercial activity associated with your likeness in order for you to register for a trademark.
noun. a representation, picture, or image, especially a portrait: to draw a good likeness of Churchill. the state or fact of being like: I cant get over your likeness to my friend. the semblance or appearance of something; guise: to assume the likeness of a swan.

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Updated September 28, 2020 01:04. Likeness is the resemblance of a person. It could be of an actor, athlete, musician, etc. You might be using someones likeness if you can recognize who the person is from the artwork. Someones likeness is generally covered by publicity rights.
Likeness is the resemblance of a person. It could be of an actor, athlete, musician, etc. You might be using someones likeness if you can recognize who the person is from the artwork. Someones likeness is generally covered by publicity rights.
1 : a picture especially of a person : portrait. 2 : the quality or state of being like : resemblance. More from Merriam-Webster on likeness.
Specifically, California recognizes both common law and statutory rights. California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use anothers name, voice, signature, photograph, or likeness without that persons prior consent.
Individuals do not have an absolute ownership right in their names or likenesses. But the law does give individuals certain rights of privacy and publicity which provide limited rights to control how your name, likeness, or other identifying information is used under certain circumstances.

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