Elements for a Claim of Invasion of Privacy

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OR APPROPRIATION OF THE NAME OR LIKENESS OF ANOTHER

In Nevada, the elements for a claim of invasion of privacy or appropriation of the name or likeness of another are:

  1. Defendant uses the name or likeness of a non-famous person;
  2. Without the permission of the person;
  3. The misappropriation of the person’s likeness or identity is a personal injury;
  4. Or gives publicity to a matter concerning the private life of another where the matter is of the kind that would be highly offensive to a reasonable person and it not of legitimate concern to the public; and
  5. Plaintiff is entitled to compensation for damages for mental anguish and embarrassment for the unwanted use of the private person’s name or image.

Kuhn v. Account Control Tech., Inc., 865 F.Supp. 1443, 1448 (D. Nev. 1994); People for the Ethical Treatment of Animals v. Bobby Berosini, Ltd., 895 P.2d 1269, 1278 (Nev. 1995); Montesano v. Donrey Media Grp., 99 Nev. 644, 668 P.2d 1081, 1084 (1983), cert. denied, 466 U.S. 959, 104 S. Ct. 2172, 80 L.Ed.2d 555 (1984) (citing Forsher v. Bugliosi, 26 Cal.3d 792, 163 Cal.Rptr. 628, 608 P.2d 716 (1980); Restatement (Second) of Torts § 652D (1977).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.