Everytime I log in to myspace I get pissed off over and over seeing what those ad's are doing to you and Ktjean, so I tried to look in to it and found some cases that seem to apply to the situation your both in, to help you maybe take legal action.
You have a good case for filing a complaint for the tort liability of invasion of privacy, which arises from four distinct kinds of activities: (a) intrusion into private matters; (b) public disclosure of private facts; (c) publicity placing a person in a false light; and (d) misappropriation of a person's name or likeness. [Hill v. National Collegiate Athletic Ass'n (1994) 7 Cal.4th 1, 24, 26 Cal.Rptr.2d 834, 848]
Misappropriation of person's name or likeness:
The elements of a common law cause of action for misappropriation of name or likeness are: "(1) the defendant's use of the plaintiff's identity; (2) the appropriation of a plaintiff's name or likeness to defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury." [Slivinsky v. Watkins-Johnson Co. (1990) 221 Cal.App.3d 799, 807, 270 Cal.Rptr. 585, 589 (emphasis added)]
Statutory action:
In addition to the invasion of privacy claim, anyone using another's "name, voice, signature, photograph or likeness" for commercial purposes without consent is liable for the injured party's actual damages or $750, whichever is greater. [See Ca Civil § 3344]
