A cause of action for appropriation of invasion of privacy is the unauthorized use of a person's name or likeness for the defendant's use or benefit. Additionally, pursuant to Florida Statute § 540.08 (1), the commercial exploitation of the property value of one's name, portrait, photograph, other likeness of the plaintiff, or the unwarranted appropriation or exploitation of one's personality without the plaintiff's express written or oral consent, or the consent of the person's surviving spouse and children, is prohibited and actionable under Florida law. However, to constitute an actionable cause of action there must be direct use of the plaintiff's name or identity in the commercial promotion of a product or service. The commercial misappropriation statute prevents a defendant from using a person's name or likeness to advertise a product or service. The public is also prohibited from using the plaintiff's name or personality and associating it with something other then the plaintiff's name or personality.

However, a common law appropriation invasion of privacy action, unlike a statutory action does not need to be for a commercial purpose. If a defendant uses a plaintiff's identity, likeness, reputation, prestige, or name for the defendant's own benefit, regardless of whether if is for a commercial purpose, the defendant will be liable for invading the plaintiff's privacy.

If you believe your right to privacy has been violated, you need the experienced West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. We are here to help you, call 1-800-74-TRIAL.