The following section from Day on Torts Leading Cases in Tennessee Tort Law​​​ is out of date and should not be used. It remains a part of this site for historical purposes only. An updated version of the book is available by subscription at www.birddoglaw.com. (Additional information below.)

§39.2 Appropriation of Another’s Name or Likeness

Author’s Note : The Tennessee Supreme Court has never expressly recognized a cause of action in tort for appropriation of another’s name or likeness. However, in West v. Media General Convergence, Inc., 53 S.W.3d 640 (Tenn. 2001), our Supreme Court explained that according to the Restatement (Second) of Torts, there are four categories of invasion of privacy claims, including appropriation of another’s name or likeness under Section 652C. However, the court did not expressly indicate that it would recognize the tort of appropriation of another’s name or likeness in Tennessee and no later Tennessee appellate decision has expressly done so. Judges and lawyers exploring this area may receive some guidance from State ex rel. Elvis Presley Int’l Mem. Foundation v. Crowell, 733 S.W.2d 89 (Tenn. Ct. App. 1989) (celebrity’s right of publicity has value and survives the death of the celebrity).

Here is the text of and comments to Section 652(C) of Restatement (Second) of Torts:

One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.

Comments:

a . The interest protected by the rule stated in this Section is the interest of the individual in the exclusive use of his own identity, in so far as it is represented by his name or likeness, and in so far as the use may be of benefit to him or to others. Although the protection of his personal feelings against mental distress is an important factor leading to a recognition of the rule, the right created by it is in the nature of a property right, for the exercise of which an exclusive license may be given to a third person, which will entitle the licensee to maintain an action to protect it.

b. How invaded . The common form of invasion of privacy under the rule here stated is the appropriation and use of the plaintiff’s name or likeness to advertise the defendant’s business or product, or for some similar commercial purpose. Apart from statute, however, the rule stated is not limited to commercial appropriation. It applies also when the defendant makes use of the plaintiff’s name or likeness for his own purposes and benefit, even though the use is not a commercial one, and even though the benefit sought to be obtained is not a pecuniary one. Statutes in some states have, however, limited the liability to commercial uses of the name or likeness.


After an accident, many injury victims and their families want more information on the accident and their legal rights. Consequently, many of them have found their way to these pages. While we are happy you are here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick, invaluable reference for Tennessee tort lawyers. While the book provides the leading case for more than 300 tort law subjects and thousands of related case citations, it is not a substitute for personalized legal advice from a qualified lawyer.

Rather than researching these legal issues alone, we urge you to contact one of our award-winning lawyers who can sit down with you, review your case, answer your questions and clearly explain your rights and your options in a no-cost, no-obligation consultation. Our experienced attorneys handle all personal injury and wrongful death cases on a contingency basis, so we only get paid if we win. If for any reason you are unable to come to our office, we will gladly come to you.

To schedule an appointment, contact us online or call us at 615-742-4880 or toll-free at 866.812.8787.


The foregoing is an excerpt from Day on Torts: Leading Cases in Tennessee Tort Law, published by John A. Day, Civil Trial Specialist, Fellow in the American College of Trial Lawyers, recipient of Best Lawyers in America recognition, Martindale-Hubbell AV® Preeminent™ rated attorney, and Top 100 Tennessee Mid-South Super Lawyers designee. Read John’s full bio here.

The book is now available electronically by subscription at www.birddoglaw.com. The new format allows us to keep the book current as new opinions are released. BirdDog Law also has John's Tennessee Law of Civil Trial and Compendium of Tennessee Tort Reform Statutes available by subscription, as well as multiple free resources to help Tennessee lawyers serve their clients

Client Reviews

So let us start out with this - the few firms we contacted prior to John Days Office were not even willing to listen to the situation and circumstances surrounding the...

David H.

The Law Offices of John Day have been exceptional to work with on my case. I have worked primarily with Thomas Mihalezo and his para-legal, Natalie Primm, for the bulk of...

Deb D.

A year ago, I was involved in a car accident that was not my fault. The Law Office of John Day was referred to me by another attorney. Rachael Booker and Vada Newman were...

Jeffery B.

Other attorneys said my case was too difficult under Tennessee law. John Day's office had confidence and took the case. I received a significant settlement in ~ 6 months...

Jonny

From my initial call with Penny to my numerous communications with Rachel, the professionalism, efficiency, and compassionate way in which my case was handled was the...

Lisa C.

I love the law office of John Day. They treat you with respect, you feel like a family to them. They take time not only to listen to your case also they make you feel...

Reginald P.

I would give John Day Law ten stars if I could. They started working with me the very day they agreed to take my case and whether I was working with an attorney or one of...

Sandra C.

I definitely recommend the staff at The Law Offices of John Day! Not once did we have to call to inquire if they were working on our case. Alexandria and Natalie were...

Tracey J.

Everything was great. You guys are a great representative. I was satisfied with everything. Truly appreciate John Day and his hard-working staff.

Jamar Gibson

We thought that you did an excellent job in representing us in our lawsuit. We would recommend you to anyone.

Mitch Deese

The Law Offices of John Day, P.C. is, without a doubt, the best in Nashville! They treated me with the utmost respect and tended to my every need. No question went...

Anthony Santiago

I would definitely recommend to anyone to hire John Day's law firm because everyone was helpful, made everything clear and got the job done. I am satisfied with how my...

June Keomahavong

It's been a long battle but this firm has been very efficient and has done a remarkable job for me! I highly recommend them to anyone needing legal assistance. Everyone...

Linda Bush

I had a great experience with the Law Offices of John Day. The staff was very accommodating, and my phone calls/emails were always responded to in a timely manner. They...

Casey Hutchinson

The office stuffs of John Day law firm made my injury case with State Farm stress free. They were very professional and respectful. My attorney was accessible anytime I...

Margaret

Contact Us

Fill out the contact form or call us at 615-742-4880 or 615-867-9900 to schedule your free consultation.

Leave Us a Message