CHICAGO (Legal Newsline) – A chief executive officer of a research laboratory in Illinois claims a San Diego alleges his identity was used to advertise a topical cream without his authorization.
James L. Yeager, PH.D. and Midwest Research Laboratories LLC filed a complaint on Jan. 19 in the U.S. District Court for the Northern District of Illinois against Innovus Pharmaceuticals Inc. alleging violation of right of publicity citing the Lanham Act and other counts.
According to the complaint, the plaintiffs allege that on April 19, 2013, defendant and Centric Research Institute entered into an asset purchase agreement to which defendant acquired the global rights to market of CIRCUMSerum. When defendant commercialized the product in the United States under the name Sensum+, defendant allegedly used plaintiff's Yeager's name, identity, likeness on its website and advertisement materials that circulated to promote, endorse, advertise, and commercialize CIRCUMSerum and Sensum without permission or consent.
The plaintiffs holds Innovus Pharmaceuticals Inc. responsible because the defendant's alleged unauthorized use of Yeager's identity for commercial purposes is a violation of his right of publicity.
The plaintiffs request a trial by jury and seek judgment for actual and punitive damages, attorney's fees, costs incurred, and other and further relief as the court deems just and proper. They are represented by Lance Northcutt of Goldberg Weisman Cairo LTD in Chicago and Robert E. Salyer of Wilkes & McHugh PA in Lexington, Kentucky.
U.S. District Court for the Northern District of Illinois case number 1:18-cv-00397