Last month, California Governor Gavin Newsom signed into law Senate Bill 683, which makes a significant addition to Civil Code § 3344, California’s Right of Publicity statute. With the amendment, § 3344 now expressly authorizes injunctive relief, which strengthens individuals’ ability to protect their name, image, voice, and likeness from unauthorized use.

Previously, under the prior version of § 3344, a person whose name, image, or likeness was used on merchandise products and in advertising without prior consent could recover statutory or actual damages, any profits attributable to the use, punitive damages, and attorney’s fees and costs. Now, the new law clarifies that those monetary remedies are not exclusive, and a plaintiff may also seek temporary restraining orders (TROs) and preliminary injunctions under California Code of Civil Procedure § 527. Furthermore, if a court grants a TRO, the defendant must “remove, recall, or otherwise cease” the unauthorized use of the plaintiff’s name, voice, signature, photograph, or likeness within two business days after the order is served, unless the court’s order states otherwise. Although courts already had the power to issue injunctive relief under general civil procedure when irreparable harm could be shown, there was no explicit statutory right associated with right of publicity claims and no time deadlines for TRO compliance by defendants. SB 683 makes the remedial process more concrete, giving right of publicity plaintiffs a quicker route to stop the misuse of their name, image, or likeness, rather than being at risk of ongoing irreparable harm and waiting for a final judgment.