This is not a real-life situation I’m in, in fact it was inspired by last week’s episode of the Canadian TV show ‘Heartland’, which I’m watching now. I’m not asking for real legal advice.
Zoe Zeller is an aspiring punk singer in Calgary. The front man from a slightly higher-profile local band, Tom Tennis from Tom and the Tunes, approaches Zoe and asks her to open for his band at a club. Zoe refuses, but for whatever reason, Tom disregards this and promotes her for the show anyway. Zoe is free to simply not show up of course, but anybody who came hoping to hear her sing would tend to assume that she simply flaked out on a gig that she’d signed up for in good faith, hurting her professional reputation, unless she spends her own money to publicly set the record straight that she hadn’t agreed to do the show.
Does Zoe have a basis to sue Tom, and if so, about how much might it cost her to get a lawyer? Also, would the legal situation be different if it were somewhere in the states?
In the States, Zoe may have a cause of action for for unauthorized use of her and/or her band’s name, likeness, logo, etc. Probably on a trademark theory. I don’t do IP stuff, but I suspect Zoe may be entitled to injunctive relief as well as damages.
Other possible causes of action–interference with contract, unfair trade practice, intentional infliction of emotional distress, etc.
Thanks. I should have thought about the ‘call up the club’ course of action - of course there would be other people who are lending their reputations to the promotion, and could stop Tom from playing games with it.
That even came up in the episode - the girl had an opportunity to tell the promoter, “Sorry, but this guy lied to you, no, I’m not on board.” But she let the other performer talk her into the show instead.
I don’t think you need to be too esoteric with IP or emotional distres: he’s directly hurting her business by spreading lies. While I’m not a lawyer, it seems like a pretty straightforward civil action for damages and/or injunctive relief.
