CJI-Civ. 28:4

For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable

pronoun) claim of invasion of privacy by improper use of plaintiff’s (name) (likeness) (or)

(identity), you must find all of the following have been proved by a preponderance of the

evidence:

1. The defendant used the plaintiff’s (name) (likeness) (or) (identity);

2. The use of the plaintiff’s (name) (likeness) (or) (identity) was for the defendant’s

own purposes or benefit, commercially or otherwise;

3. The plaintiff had (damages) (injuries) (losses); and

4. The defendant’s use of the plaintiff’s (name) (likeness) (or) (identity) was a cause

of the plaintiff’s (damages) (injuries) (losses).

If you find that any one or more of these (number) statements has not been proved,

then your verdict must be for the defendant.

On the other hand, if you find that all of these (number) statements have been

proved, (then your verdict must be for the plaintiff) (then you must consider the

defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete

defense to the plaintiff’s claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.