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I Had a Great Marketing Idea. But Will I Get Sued?

by ColinB
16 replies
Hi guys. Im trying to promote my website and its associated products and I had a bit of a far out idea but Im not sure where it lies in terms of whether or not I might get a nasty letter from a lawyer or something like that.
Basically my idea is to take well known celebrities and give them an alternate name and to create an image that gives a likeness of the celebrity in question without using a picture of them at all.
For example - Jim Berdashian as Kim Kardashian. The accompanying picture will NOT be of Kim Kardashian, but will look like her in a strange caricature like a redneck farmer or something like that.
The point will be to create little poster ads for social media marketing purposes that will say Jim Berdashian only uses xxxxxx
My operation is quite small at the moment so it likely that these ads might not ever be seen by anyone who would take sufficient offence to sue or anything like that. But I just wanted to be sure before put myself in a situation like this. I can hardly afford a social life right now, so I DEFINITEY cant afford lawyers fees.
#great #idea #marketing #sued
  • Profile picture of the author The Leader
    There are so many laws in so many countries so hard to know where you would stand. The problem is those celebrities only have to no like what you are doing and fight you in the court. They don't have to win only bankrupt you in the process.
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    • Profile picture of the author ColinB
      Originally Posted by The Leader View Post

      There are so many laws in so many countries so hard to know where you would stand. The problem is those celebrities only have to no like what you are doing and fight you in the court. They don't have to win only bankrupt you in the process.
      Thanks The Leader. This has definitely given me substantial food for thought. Your right man, I'd hate to end up on the wring side of a vindictive celebrity, a simple court summons would be enough to bankrupt me at this early stage of my career. And to be honest I don't see how they wouldn't NOT hate my offbeat depiction of them. Unless they don't take themselves seriously at all, which I'd say is highly unlikely. So yeah, going on this train of thought I think i better go back to the drawing board and think of a new marketing idea. Thanks for your input.
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  • Profile picture of the author Kurt
    There are two legal theories here, so you'd probably want to consult a lawyer.

    My understanding in the US:

    1. There's a "right to publicity". This means you can't use celebrity images/likenesses without their permission.

    2. Satire. The US gives a lot of freedom to using something in a satirical way, which may (or may not) include what you're doing.

    If your idea is OK or not, it still comes down to how you plan on using these images in a way that will get results. Once you figure that out, you may not need to take the chance anyway.
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    • Profile picture of the author agmccall
      Originally Posted by Kurt View Post


      2. Satire. The US gives a lot of freedom to using something in a satirical way, which may (or may not) include what you're doing.
      The thing with this is you will be using it for commercial purposes, so like Kurt said, consult a lawyer.

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    • Profile picture of the author ColinB
      Originally Posted by Kurt View Post

      There are two legal theories here, so you'd probably want to consult a lawyer.

      My understanding in the US:

      1. There's a "right to publicity". This means you can't use celebrity images/likenesses without their permission.

      2. Satire. The US gives a lot of freedom to using something in a satirical way, which may (or may not) include what you're doing.

      If your idea is OK or not, it still comes down to how you plan on using these images in a way that will get results. Once you figure that out, you may not need to take the chance anyway.
      Hey, that's great and thanks for the info. I think that both of these points serve to say that my idea is not a good one from a legality point of view, it seems that hypothetically, if I had a lawyer, that hypothetical lawyer would be strongly advising me so cease.

      The right to publicity issue would probably affect me as I would be using an impression of the celebrities image, and not the actual image. But i guess it would come down to whoever has the biggest, baddest lawyers, and that definitely isn't me.

      I'm not sure if i could make the campaign fly on the satire side of things as I would be using it for the purpose of promoting my own business. It might work, but again I wouldnt fancy my chances in a lawyer-up against a millionaire celebrity.

      Thanks for the advice.
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  • Profile picture of the author GrowSpy
    No, According to me don't go with the Image. Because due to Right to publicity you can't use celebrity images/likenesses without their permission (Means it must not at all look like that celebrity may it be caricature or cartoon)
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    • Profile picture of the author ColinB
      Originally Posted by GrowSpy View Post

      No, According to me don't go with the Image. Because due to Right to publicity you can't use celebrity images/likenesses without their permission (Means it must not at all look like that celebrity may it be caricature or cartoon)
      Straight and to the point. Thanks GrowSpy. I thought that maybe using a caricature or a cartoon might help my idea fly and not attract the wrong kind of legal attention but it seems that I wont be so lucky. Thanks and best of luck.
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  • Profile picture of the author aizaku
    consult a lawyer before moving forward..

    -Ike Paz
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  • Profile picture of the author SS Raj
    As per my knowledge, you should take permission of a celebrity whose image you want to use for your operation. If he/she will offense, then you can not use their images. You might be aware of such governmental rules like, You cannot use celebrity images for your business publicity without his/her permission.
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  • Profile picture of the author IM Nathan
    I'd consult a lawyer. Laws vary state to state, country to country. A quick consult will be much cheaper than a potential law suit.
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  • Profile picture of the author Popche
    Always have you back covered no matter what. It's your life for a piece of content, ain't worth it...
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  • Profile picture of the author Kay King
    I agree with the suggestions of "contact a lawyer" but before I did that....I'd look again at my "great idea".

    Honestly, it sounds a bit silly to me and not worth a lot of time/work/risk.

    You want to create caricatures of celebrities with silly, made up names and then have them giving 'testimonials'. So the pix aren't real - the names are not real - the testimonials are fiction.

    Sometimes our great ideas aren't all that great when you look at them analytically.
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  • Profile picture of the author Mike Anthony
    I wouldn't consult a lawyer. I wouldn't even think it was worth the time if it were my idea.

    So you use someone looking like Kim Kardashian and call them Jim Berdashian.

    In what court is the judge so stupid he doesn't know that you are leveraging the look and name of the celebrity to claim an endorsement and fool the public?

    When judges are brain dead they usually don't preside over cases anymore.
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  • Profile picture of the author BradVert2013
    Like everyone else is saying, only a lawyer can give you a reply with any certainty. Personally, I wouldn't risk it.
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  • Profile picture of the author Steve B
    Why take a chance at all if you can't afford a possible outcome? It doesn't matter that the name and picture is not the celebrity. If it is a likeness and confusing to the public, you are on thin ice. Also, according to the FCC, it is important to have truth in your testimonials including copies of the actual statements of those offering them.

    Come up with a different great idea.

    Steve
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  • Profile picture of the author we rate fun stuff
    There is a likelihood you will be sued because well these people have money to sue.
    But will they win? Not likely if there is no likelihood of consumer confusion that you are selling 'the same product'.

    Check out the discussion here: https://www.quora.com/Is-it-trademar...ous-brand-logo

    P.S. I haven't heard of the Kardashians suing the mini-kardashians: Honey I Shrunk The Kardashians! - Imgur
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