What is a false endorsement claim?
A false endorsement claim is a type of legal claim that is based on a person using another person’s name or other identifying information (such as a photograph, signature, or nickname) in order to create an endorsement or a false impression of the other person’s involvement or support of a product, service, or activity. In Delaware, false endorsement claims are governed by laws that protect a person’s right to control the use of their own name, likeness, or other identifying information. False endorsement claims are a form of trademark infringement, which occurs when a person’s name, likeness, or other identifying information is used to create an endorsement or FALSE IMPRESSION of the other person’s involvement or support of a product, service, or activity. If the false endorsement could lead a consumer to believe that the person whose identity was used was actually connected to or endorsing the product, service, or activity, then a false endorsement claim may arise. In order to succeed on a false endorsement claim, the plaintiff must have a recognizable name, likeness, or other identifying information that is associated with the product, service, or activity. In Delaware, the law protects individuals from false endorsement claims. The Delaware Deceptive Trade Practices Act prohibits the use of any name, likeness, or other identifying information without express permission. This means that any person or company wishing to use another person’s name or other identifying information in order to create an endorsement must obtain permission first. If they do not, they may be subject to legal action.
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