2:25-cv-00746
M.D. Fla.Aug 22, 2025Background
- Plaintiffs Frank Gori and James Rosenfield are members of the NTV investment funds, managed by NTV Management, LLC, in which Defendant Brij Sharma and a third party each hold 50% membership.
- Sharma allegedly failed to fulfill management duties for NTV.
- In early 2025, Sharma distributed a prospectus to advertise a new fund, NTV Healthcare Innovation Fund (“NTV Innovation”), which does not legally exist.
- The prospectus misappropriated the Plaintiffs’ names and likenesses, falsely listing them as advisors to the new (nonexistent) fund without their knowledge or consent.
- Plaintiffs only learned of this misuse upon reviewing the prospectus in August 2025 and filed suit and a motion for a temporary restraining order and preliminary injunction against Sharma.
- The court has jurisdiction via diversity and supplemental jurisdiction over the state law claims, and found venue proper in the Middle District of Florida.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Use of Likeness for Commercial Purpose | Sharma misused Gori and Rosenfield's names/likenesses in violation of Florida law. | Not stated in the opinion/ex parte at TRO stage. | Likely violation of Florida Unauthorized Publication Act; TRO granted. |
| Irreparable Harm | Continued use would harm reputation/goodwill, causing non-compensable injury. | Not stated. | Plaintiffs face irreparable harm; monetary damages insufficient. |
| Balance of Harms | Harm to Plaintiffs outweighs any harm to Sharma, as use was unauthorized. | Not stated. | Balance favors Plaintiffs. |
| Public Interest | Public has an interest in preventing confusion and misrepresentation. | Not stated. | Injunction serves public interest by preventing deception/confusion. |
Key Cases Cited
- Tyne v. Time Warner Ent. Co., L.P., 901 So. 2d 802 (Fla. 2005) (Florida's Unauthorized Publication Act aims to prevent the use of a person's name or likeness to promote another's product/service)
- Loft v. Fuller, 408 So. 2d 619 (Fla. 4th DCA 1981) (statute prohibits unauthorized direct promotion with another's name)
- E. Remy Martin & Co., S.A. v. Shaw-Ross Int’l Imports, Inc., 756 F.2d 1525 (11th Cir. 1985) (likelihood of confusion can constitute irreparable harm and favor injunction)