Best & Flanagan


Intellectual Property: Publicity & Privacy

The right to control the commercial use of a person’s identity has become a critical element in today’s high exposure marketing and advertising endeavors. Sponsorships, endorsements and social media are only some of the venues for which an individual’s name, image, photograph, voice, signature or other aspect of their often unique identity can be commercially leveraged or exploited. Best & Flanagan’s Intellectual Property team represents both prominent individuals and businesses in protecting and enforcing their publicity and privacy rights.

We have worked closely with celebrities and high profile individuals to license, market and defend their right of publicity. We negotiate licensing agreements that authorize the use of their name and likeness for the purpose of marketing products and services. We also work with clients to police such rights, including retail and online reviews that uncover the unauthorized use of names and likeness. We aggressively defend our client’s legal rights in litigation in both state and federal court.

We are experienced in working with individuals and businesses to negotiate and document agreements involving the licensing, stewardship, protection, assignment and transfer of the full array of privacy and publicity rights.