Unauthorised use of name of an expert
P.C. Joshi
(Querist) 11 July 2012
This query is : Resolved
Dear Sir,
A is a well known food technologiest who has done number of research on various food products and edible oils.His articles are regularly published in well known magazines.
A well known company in one of its product llabel advertsiement material published some commentsalongwith A's photograhs published some favourable comments regarding that products on behalf of A without consulting A or taking his consent.
A is annoyed by this action of the company.
can anyone pls tell me what action can A take against the company. In my view A should first serve a notice to the copmpsany and seek written clarifcation from the company. Publish a newpaper notice to inform mthe public regarding unauthorised claim made by the company on behalf of A.
What other remedies are available to A in civil,criminal,consumer protection law or copyright act.
What other remedies are avaiolable to A without going though a court.
Thanks & regards
P.C. Joshi
ajay sethi
(Expert) 11 July 2012
since A is well known food technologist favourable reviews given by A in respect of said products have been high lighted by company as A opinion carry weight .
A may Not have given his consent but his favourable reviews are part of record avilable in various magazines .
merely highlighting favourable reviews is no sin .
he can write to company requesting it not to use A name for endorsement of company product s in future as A has not endorsed the products merely reviewed them
P.C. Joshi
(Querist) 12 July 2012
Thanks a lot for your response.
Actually A is not a food technologist but is a Professor who has won many awrds and involved in research, teaching, clinical and medical and health related subjects. I think it will not make any difference in your response.
However, pls clarify, whether A can publish a news paper notice to tell the general public that he has not endorsed the particular ad.
Suppose the company does not stop publishing the advertisement what legal options does he has.
Thanks & Regards
P.C. Joshi
ajay sethi
(Expert) 12 July 2012
A can issue clarification in newspapers that he has not endorsed a particular product .
he can also write to company to stop highlighting the fact that A has endorsed a prticular product . if no response then issue legal notice
