Here's what an email from Lin Milano looks like:
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Dear Sir or Madam:
Kathy Ireland has hired Cyber-Trackers to monitor the use of
her name, likeness and image on the World Wide Web, In
that regard, we have determined that you are utilizing
Ms. Ireland's name, likeness and image and that such use
may be violating Ms. Ireland's publicity or privacy
rights or certain copyrights owned or licensed by Ms.
Ireland.
Our recent search utilizing the Words "Kathy
Ireland" disclosed your site. Therefore, your site
either is utilizing pictures of Ms. Ireland or utilizing
her name in your metafiles to lure people to your site.
Such use of her name in metafiles or similar manner
violates California Civil Code Section 3344.
We request on behalf of Ms. Ireland that you
immediately cease utilizing her name, likeness and image
Please respond by e-mail, your compliance with the
request. If you fail to comply, we will turn this
matter over to Ms. Ireland's attorney...
Sincerely,
Lin Milano
CyberTracker
http://www.cyber-tracker.com
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Here's what that law looks like:
(oh and i was hosted in California so that law did apply, if I wasn't hosted in Cali it may have been a different story for her, but she may have the applicable code for each state)
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CALIFORNIA CODES
CIVIL CODE
SECTION 3344-3346
3344. (a) Any person who knowingly uses another's name, voice,
signature, photograph, or likeness, in any manner, on or in products,
merchandise, or goods, or for purposes of advertising or selling, or
soliciting purchases of, products, merchandise, goods or services,
without such person's prior consent, or, in the case of a minor, the
prior consent of his parent or legal guardian, shall be liable for
any damages sustained by the person or persons injured as a result
thereof. In addition, in any action brought under this section, the
person who violated the section shall be liable to the injured party
or parties in an amount equal to the greater of seven hundred fifty
dollars ($750) or the actual damages suffered by him or her as a
result of the unauthorized use, and any profits from the unauthorized
use that are attributable to the use and are not taken into account
in computing the actual damages. In establishing such profits, the
injured party or parties are required to present proof only of the
gross revenue attributable to such use, and the person who violated
this section is required to prove his or her deductible expenses.
Punitive damages may also be awarded to the injured party or parties.
The prevailing party in any action under this section shall also be
entitled to attorney's fees and costs.
(b) As used in this section, "photograph" means any photograph or
photographic reproduction, still or moving, or any videotape or live
television transmission, of any person, such that the person is
readily identifiable.
(1) A person shall be deemed to be readily identifiable from a
photograph when one who views the photograph with the naked eye can
reasonably determine that the person depicted in the photograph is
the same person who is complaining of its unauthorized use.
(2) If the photograph includes more than one person so
identifiable, then the person or persons complaining of the use shall
be represented as individuals rather than solely as members of a
definable group represented in the photograph. A definable group
includes, but is not limited to, the following examples: a crowd at
any sporting event, a crowd in any street or public building, the
audience at any theatrical or stage production, a glee club, or a
baseball team.
(3) A person or persons shall be considered to be represented as
members of a definable group if they are represented in the
photograph solely as a result of being present at the time the
photograph was taken and have not been singled out as individuals in
any manner.
(c) Where a photograph or likeness of an employee of the person
using the photograph or likeness appearing in the advertisement or
other publication prepared by or in behalf of the user is only
incidental, and not essential, to the purpose of the publication in
which it appears, there shall arise a rebuttable presumption
affecting the burden of producing evidence that the failure to obtain
the consent of the employee was not a knowing use of the employee's
photograph or likeness.
(d) For purposes of this section, a use of a name, voice,
signature, photograph, or likeness in connection with any news,
public affairs, or sports broadcast or account, or any political
campaign, shall not constitute a use for which consent is required
under subdivision (a).
(e) The use of a name, voice, signature, photograph, or likeness
in a commercial medium shall not constitute a use for which consent
is required under subdivision (a) solely because the material
containing such use is commercially sponsored or contains paid
advertising. Rather it shall be a question of fact whether or not
the use of the person's name, voice, signature, photograph, or
likeness was so directly connected with the commercial sponsorship or
with the paid advertising as to constitute a use for which consent
is required under subdivision (a).
(f) Nothing in this section shall apply to the owners or employees
of any medium used for advertising, including, but not limited to,
newspapers, magazines, radio and television networks and stations,
cable television systems, billboards, and transit ads, by whom any
advertisement or solicitation in violation of this section is
published or disseminated, unless it is established that such owners
or employees had knowledge of the unauthorized use of the person's
name, voice, signature, photograph, or likeness as prohibited by this
section.
(g) The remedies provided for in this section are cumulative and
shall be in addition to any others provided for by law.
3344.5. (a) Any person whose signature is used in violation of, and
any candidate for elective office whose election or defeat is
expressly advocated in any campaign advertisement that violates,
subdivision (b) of Section 115.1 of the Penal Code, shall have a
civil cause of action against any person committing the violation.
(b) If a mass mailing or other printed matter that violates
subdivision (b) of Section 115.1 of the Penal Code expressly
advocates the election or defeat of more than one candidate only a
person whose signature is used and the candidate or candidates to
whom the unauthorized signature directly relates shall have a civil
cause of action pursuant to this section.
(c) Any person bringing a cause of action pursuant to this section
may recover damages in an amount of two times the cost of the
communication, but not to exceed fifty thousand dollars ($50,000),
with regard to which the unauthorized signature was used.
(d) As used in this section, "signature" means either of the
following:
(1) A handwritten or mechanical signature, or a copy thereof.
(2) Any representation of a person's name, including, but not
limited to, a printed or typewritten representation, that serves the
same purpose as a handwritten or mechanical signature.
3344.6. (a) Any candidate for elective office whose election or
defeat is expressly advocated in any campaign advertisement which
violates subdivision (a) of Section 115.2 of the Penal Code shall
have a civil cause of action against any person committing the
violation.
(b) If a mass mailing or other printed matter which violates
subdivision (a) of Section 115.2 of the Penal Code expressly
advocates the election or defeat of more than one candidate, only the
candidate or candidates to whom the misstatement or
misrepresentation directly relates shall have a civil cause of action
pursuant to this section.
(c) Any person bringing a cause of action pursuant to this section
may recover damages in an amount of two times the cost of the
communication, but not to exceed fifty thousand dollars ($50,000).
3345. (a) This section shall apply only in actions brought by, on
behalf of, or for the benefit of senior citizens or disabled persons,
as those terms are defined in subdivisions (f) and (g) of Section
1761, to redress unfair or deceptive acts or practices or unfair
methods of competition.
(b) Whenever a trier of fact is authorized by a statute to impose
either a fine, or a civil penalty or other penalty, or any other
remedy the purpose or effect of which is to punish or deter, and the
amount of the fine, penalty, or other remedy is subject to the trier
of fact's discretion, the trier of fact shall consider all of the
following factors, in addition to other appropriate factors, in
determining the amount of fine, civil penalty or other penalty, or
other remedy to impose. Whenever the trier of fact makes an
affirmative finding in regard to one or more of the following
factors, it may impose a fine, civil penalty or other penalty, or
other remedy in an amount up to three times greater than authorized
by the statute, or, where the statute does not authorize a specific
amount, up to three times greater than the amount the trier of fact
would impose in the absence of that affirmative finding:
(1) Whether the defendant knew or should have known that his or
her conduct was directed to one or more senior citizens or disabled
persons.
(2) Whether the defendant's conduct caused one or more senior
citizens or disabled persons to suffer: loss or encumbrance of a
primary residence, principal employment, or source of income;
substantial loss of property set aside for retirement, or for
personal or family care and maintenance; or substantial loss of
payments received under a pension or retirement plan or a government
benefits program, or assets essential to the health or welfare of the
senior citizen or disabled person.
(3) Whether one or more senior citizens or disabled persons are
substantially more vulnerable than other members of the public to the
defendant's conduct because of age, poor health or infirmity,
impaired understanding, restricted mobility, or disability, and
actually suffered substantial physical, emotional, or economic damage
resulting from the defendant's conduct.
3346. (a) For wrongful injuries to timber, trees, or underwood upon
the land of another, or removal thereof, the measure of damages is
three times such sum as would compensate for the actual detriment,
except that where the trespass was casual or involuntary, or that the
defendant in any action brought under this section had probable
cause to believe that the land on which the trespass was committed
was his own or the land of the person in whose service or by whose
direction the act was done, the measure of damages shall be twice the
sum as would compensate for the actual detriment, and excepting
further that where the wood was taken by the authority of highway
officers for the purpose of repairing a public highway or bridge upon
the land or adjoining it, in which case judgment shall only be given
in a sum equal to the actual detriment.
(b) The measure of damages to be assessed against a defendant for
any trespass committed while acting in reliance upon a survey of
boundary lines which improperly fixes the location of a boundary
line, shall be the actual detriment incurred if both of the following
conditions exist:
(1) The trespass was committed by a defendant who either himself
procured, or whose principal, lessor, or immediate predecessor in
title procured the survey to be made; and
(2) The survey was made by a person licensed under the laws of
this State to practice land surveying.
(c) Any action for the damages specified by subdivisions (a) and
(b) of this section must be commenced within five years from the date
of the trespass.
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