What tort is described by the unauthorized use of another person's name or likeness for one's benefit?

Prepare for the NALS ALP Test with comprehensive quizzes. Use flashcards and multiple choice questions, with helpful hints and explanations to ace your exam!

The tort that involves the unauthorized use of another person's name or likeness for one's benefit is misappropriation. This legal concept falls under the broader category of privacy rights and intellectual property. Misappropriation typically occurs when an individual or organization uses someone else's identity, image, or name without consent, often for commercial purposes, which can lead to financial gain for the person committing the act.

This tort protects individuals from having their personal brand or identity exploited by others, especially in advertising or marketing contexts. The essence of misappropriation is that it not only violates a person's right to control their own identity but also suggests an endorsement or association that does not exist, thus harming the person whose likeness has been used.

In contrast, defamation involves false statements that harm a person's reputation, negligence pertains to failure to exercise reasonable care resulting in harm, and trespass refers to entering someone's property without permission. Each of these torts addresses different aspects of personal rights and property, making misappropriation uniquely focused on the unauthorized use of someone's identity for gain.

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