Town & Country Properties, Inc. v. Riggins

Code § 8.01-40(A) provides that if any person’s name is used “for advertising purposes or for the purposes of trade,” without first obtaining the individual’s written consent, such person may sue and recover damages from the person, firm, or corporation so using the name “for any injuries sustained by reason of such use.” The main issue in this appeal is whether the statute is unconstitutional as applied under the facts of this case to a corporation engaged in the sale of residential real estate.

The relevant facts are virtually undisputed. The plaintiff-appellee is John Riggins, formerly a…