Company has been using my name in a worldwide advertising campaign for one of their products which I have extensive experience in. In 2011, we asked them to cease and desist using my name, and they assured me they had. We now have evidence that they are still using my name in promotional material in national advertising. It is very well known in the industry that I probably have more experience with this product than anyone else, but they have never compensated me for the use of my name, nor have they ever gotten a release from me or permission to use my name. What, if any, recourse do I have?
Sounds like you may have a claim. See a good litigation lawyer and show him all your facts and your proofs. Careful about dates. You have a 3 year statute of limitation in NC. Why did you wait so long?
You have the right to sue them for the improper use of your name under the circumstances outlined. You do have a duty to mitigate your damages however, so the offender has to be put on notice to cease and desist on an immediate basis, and you do need proof of their receipt of the notice to cease and desist.
You have to sue them for using your name, unfair trade practice etc. You need to find a local attorney because this is not the type of case that a person can handle on their own.
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