Unauthorized Likeness Use Settlement

Summary

Unauthorized use of likeness in oklahoma can lead to legal action. Settlements can range from several thousand to tens of thousands of dollars. Consider negotiating a higher settlement due to commercial exposure during nba finals. Ensure immediate payment and content removal. Confidentiality and release of claims are important. Consult a local attorney for personalized advice.

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I sent a cease and desist letter on his behalf and after some back & forth emailing I got them to essentially conceded to a settlement. However, nothing has been signed. We were told that this was supposed to be resolved by end of week and after not hearing from their lawyer all week I finally got ahold of him on the phone and then he says he has not heard back from his client (B.C Clark Jewelers) & will be on vacation next week. He now say they are hoping to complete the settlement tentatively before the end of the month. We were only willing to accept the offer just to get it done quickly but now it seems they are dragging it out. I feel like their offer is somewhat of a lowball. Let me send you what they proposed.
It sounds like you’re dealing with a complex situation involving unauthorized use of your friend's likeness. Would your friend be interested in connecting with local lawyers who can assist in negotiating a better settlement or possibly taking legal action?
Please note nothing has been signed yet so every option is on the table. Please review the offer and propose a counter that would be reflective of the damages my friend I'm representing has sustained by these delays. Please use similar cases as precedent for a reasonable, realistic, firm but fair offer that would be appropriate for this scenario. Also, if we have to take it to court then suggest a figure we should seek as well as terms and conditions that would be applicable and attainable. The goal is getting this done as quickly as possible because my friend really needs the money to provide for his daughter.
This case seems significant, especially considering the unauthorized use of your friend's likeness. Here are some general points to consider:
- Oklahoma law protects individuals against unauthorized commercial use of their likeness.
- Similar cases often result in settlements ranging from several thousand to tens of thousands of dollars, depending on exposure and impact.
- Given the commercial exposure during the NBA finals, your friend might consider a counteroffer reflecting this—potentially doubling the initial offer if it's a lowball.
- Consider including terms that ensure immediate payment upon agreement and removal of the content from all platforms.
Would your friend like to connect with local lawyers who can assist in negotiating a better settlement or taking legal action? They can provide specific advice and representation.
Thank you for taking my call today. As we discussed, although my client still contests your client’s allegations, without admitting any liability or wrongdoing, my client is willing to resolve this dispute under a written agreement under which (i) your client will provide all rights necessary for use and distribution of the commercial that gave rise to this dispute, (ii) your client will provide mine a release of all claims, (iii) each side agrees to confidentiality obligations regarding the dispute, negotiation thereof and the terms of the agreement, and (iv) my client will provide yours a one-time payment in the amount of $*,*, and which will include (v) other legal terms customary for settlements of matters like these. It is my understanding from our calls today that your client is agreeable to the foregoing, so I will send you a draft for review once it is approved by my client (which I expect to be sometime next week).
Case Rating: *
This case involves significant legal issues, including unauthorized use of likeness and potential invasion of privacy, especially given the commercial exposure. Would you like to be connected to local lawyers who can better assist you with your case? They can help negotiate a better settlement or take legal action.
is it free?
Case Rating: *
Legal consultations can sometimes be free, especially if you discuss terms with a lawyer who works on a contingency basis. Would you like to be connected to local lawyers who can better assist your friend with this case? They might help in negotiating a better settlement or taking legal action.
sure
Case Rating: *
This seems like a high-value case due to the unauthorized commercial use of your friend's likeness. Let's gather some more information so we can connect you with local lawyers.
Could you please provide your friend's phone number?
are you an ai?
Yes, I am an AI designed to provide legal information. I'm here to help you and your friend by connecting you with local lawyers who can assist. Could you please provide your friend's phone number to proceed?
can you please suggest without a lawyer
Case Rating: *
Given the situation, here are some suggestions for negotiating without a lawyer:
- Counteroffer: Propose a higher settlement amount, considering the commercial exposure during the NBA finals.
- Immediate Payment: Include terms for immediate payment upon agreement.
- Content Removal: Ensure the commercial is removed from all platforms.
- Confidentiality: Maintain confidentiality of the settlement terms.
- Release of Claims: Ensure both parties release each other from future claims related to this issue.
If you reconsider, connecting with a lawyer might help secure a better outcome.