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Misappropriation of Name or Likeness

Misappropriation of name or likeness is one of the four general invasion of privacy tort claims (the others being false light invasion of privacy, intrusion upon seclusion and publication of private facts). The interest protected by the misappropriation of name or likeness tort “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 others.” Doe v. TCI Cablevision, 110 S.W. 3d. 363, 368 (Mo. 2003).

To prove this claim, the plaintiff generally needs to demonstrate that the defendant used the plaintiff’s name without consent to obtain a commercial advantage. Nemani v. St. Louis Univ., 33 S.W.3d 184, 185 (Mo. 2000).

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