Is it a tort to use someone’s name and likeness to derive clients?
Yes, often it can be. Using a person’s name or likeness to attract business, solicit customers, or otherwise derive commercial benefit without consent can constitute the tort of appropriation or misappropriation of identity, commonly referred to as the right of publicity.[1][2]
Core rule
Under the Restatement, a person is liable for appropriating another’s name or likeness to their own use or benefit.[3] In modern state law, that typically means using someone’s identity for advertising, promotion, or other commercial advantage without permission.[1][2]
The classic example is using a person’s name or image to market goods or services, or to suggest endorsement.[1][2]
Key authorities
- Zacchini v. Scripps-Howard Broad. Co., 433 U.S. 562 (1977) recognized that state law may protect the proprietary interest in a person’s performance and publicity value.[4]
- Cal. Civ. Code § 3344 imposes liability for knowingly using another’s name, voice, signature, photograph, or likeness for advertising, selling, or soliciting purchases without consent.[5]
- N.Y. Civ. Rights Law § 51 similarly prohibits use of a person’s name, portrait, picture, likeness, or voice for advertising purposes or for purposes of trade without written consent.[6]
Practical answer
If by “derive clients” you mean using someone’s identity to bring in clients or business, that is exactly the kind of commercial use that can trigger liability in many jurisdictions.[1][2][5][6] The strongest claim usually arises where the use:
- identifies the person,
- is done without consent, and
- is used for commercial promotion or solicitation.[2][5][6]
Important caveat
Not every use is actionable. Newsworthy, editorial, or other noncommercial uses are often protected, and state law varies significantly.[1][2] Also, remedies and elements differ by state.[1][5][6]
If you want, I can also break this down by jurisdiction or analyze whether a particular fact pattern would likely qualify as misappropriation.