Mayim Bialik, internationally recognized actress, author, and neuroscientist, filed suit in Florida federal court last week seeking damages against various websites and online marketers in connection with allegations that they misappropriated her name and likeness to promote their CBD products. Bialik claims that she has never endorsed cannabidiol products, is not currently doing so, and has no plans to do so in the future.
In her complaint, Bialik sets forth allegations of false association and sponsorship, false advertising, and unauthorized appropriation of name or likeness. She alleges that the defendants’ websites promote the unauthorized CBD products through social media accounts or sponsored “news” stories which include Bialik’s name in the account names or headlines. Bialik alleged that the advertising at issue includes false company names such as “Mayim Bialik CBD Gummies,” “Mayim Bialik CBD Oil US,” and “Mayim Bialik CBD,” among others.
Bialik claims to only allow the use of her name, image, likeness, or persona for compensation by companies who she has personally vetted and carefully selected based on her personal values and beliefs. Here, however, the complaint alleges that various websites are acting in concert to promote and sell CBD products in connection with Bialik’s name without her authorization. By falsely suggesting that Bialik has endorsed, is sponsoring, or may be actively associated with the products, Bialik claims Defendants are causing irreparable harm to not only her reputation and credibility, but to consumers of the unauthorized products who believe that Bialik was involved in bringing the products to market.
Bialik seeks injunctive relief, profits, punitive damages, attorneys’ fees, and litigation costs. She is one of a number of celebrities who have alleged that their name and likeness was misappropriated in order to promote CBD products.
Mayim Bialik v. The Individuals, Business Entities or Unincorporated Associations Identified on Schedule “A.”
“This scam harms not only Bialik’s reputation and credibility, which she has spent years cultivating and earning, but inflicts equal harm and risk to consumers who may be lulled into a false sense of security in purchasing the Unauthorized CBD Products thinking that Bialik had a hand in bringing them to market and endorses their use which she does not”