Rights and Wrongs of Publicity: What’s Hot and What’s Not When It Comes to Using Name, Image, and Likeness in Advertising and Promotion
As artificial intelligence, social media, influencer marketing, and digital advertising continue to reshape how names, images, likenesses, voices, and personas are used commercially, businesses and legal practitioners face new questions about consent, ownership, enforcement, and risk. This article offers a timely look at the evolving legal landscape, including the limits of existing federal law, recent state legislative efforts, and key cases involving AI-generated content, deepfakes, voice replication, and unauthorized commercial uses of personal identity.
Read the full article to better understand how NIL rights are changing in the digital age and why companies should carefully evaluate the legal implications before using an individual’s identity, likeness, or voice in advertising and promotion.
AUTHORS
Barry L. Cohen is a Partner and Chair of the Litigation Group at Royer Cooper Cohen Braunfeld LLC, where he focuses on intellectual property litigation, including trademark, trade secret, unfair competition, and IP licensing disputes. He represents clients across a range of industries, including technology, media, consumer products, and manufacturing, in complex commercial and IP matters. Barry is recognized by Chambers and Partners as a leading intellectual property attorney and by the World Trademark Review 1000 for enforcement and litigation. He is also actively involved in leadership roles within the American Bar Association’s Intellectual Property Law Section. He can be reached at bcohen@rccblaw.com.
David S. Hollander is an attorney at Royer Cooper Cohen Braunfeld LLC, where he focuses on complex commercial litigation and intellectual property matters, including trademark infringement, trade secret, unfair competition, and restrictive covenant disputes. He represents clients across a range of industries, including technology, and advises on trademark clearance, portfolio management, and related counseling. David also serves as outside counsel to businesses on employment matters and corporate policies. He has been selected by Super Lawyers as a 2026 Pennsylvania Rising Star for Intellectual Property Litigation, and serves as Vice Chair of the Licensing Executives Society – Philadelphia Chapter. He can be reached at dhollander@rccblaw.com.
Katie Oliver is a J.D. candidate at Villanova University Charles Widger School of Law and a legal extern at Royer Cooper Cohen Braunfeld LLC. Her experience includes intellectual property, corporate, and litigation matters, with a developing focus on fashion, sports, and brand-related legal issues. Katie serves as Executive Editor of the Villanova Environmental Law Journal, pursuing the Sports Law Concentration, and is actively involved in the Fashion Law Society, where she contributes to thought leadership on emerging issues at the intersection of fashion and law. She is also Co-Founder of STAVÉLO, an accessory brand connecting fashion and sport. She can be reached at katieoliver255@gmail.com.
The Licensing Journal, published by Wolters Kluwer, is a leading legal publication focused on licensing, intellectual property, technology, and entertainment law. The publication provides practice-oriented analysis and guidance for attorneys and professionals navigating complex licensing and IP-related issues.
