In a significant ruling, the Puerto Rico Court of Appeals addressed a case involving Gabriel Antonio Sifre Ortega and Puerto Rico Legal Marijuana Inc. The court's decision, issued on May 11, 2026, clarified the legal boundaries surrounding the use of a person's image without consent in commercial contexts. This ruling impacts individuals who may find their likeness used by businesses without their permission.
Gabriel Antonio Sifre Ortega, the petitioner, claimed that Puerto Rico Legal Marijuana Inc. (PRML) and its educational affiliate, PRLM Educational, Inc. (PRLME), used his image in promotional videos after his employment ended. He argued that this violated Puerto Rico's Law No. 139-2011, which protects individuals' rights over their own image. The court's decision is crucial for understanding how image rights are enforced in Puerto Rico, especially in the growing cannabis industry.
The dispute began when Sifre Ortega filed a complaint against PRML and PRLME on March 1, 2024, alleging unauthorized use of his image for commercial gain. He sought an injunction to stop the use of his image and claimed damages under the aforementioned law. The case moved through various legal processes, including a partial summary judgment that initially favored Sifre Ortega by prohibiting the companies from using his image without consent.
However, PRML and PRLME contested this ruling, leading to further legal proceedings. In a later decision on February 4, 2026, the lower court dismissed claims against Goodwin Aldarondo Jiménez, the CEO of the companies, citing a lack of evidence for gross negligence. This dismissal prompted Sifre Ortega to appeal to the Puerto Rico Court of Appeals.
The Court of Appeals, led by Judge Ronda Del Toro, ruled on the appeal, modifying some aspects of the lower court's decision while affirming others. The court stated, "The use of a person's image for commercial purposes without consent constitutes a violation of their rights under Law No. 139-2011." This ruling emphasized the importance of consent in using an individual's likeness for business purposes.
The court confirmed the lower court's dismissal of claims against Aldarondo Jiménez, reasoning that he did not act with gross negligence as defined by corporate law. The judges noted that while Sifre Ortega's image was used, the companies had taken steps to remove it after his requests. The court also maintained that there were remaining issues regarding the frequency and context of the image's use, which would need further examination.
This ruling has significant implications for individuals in Puerto Rico, especially as businesses increasingly utilize digital marketing and promotional materials. It underscores the necessity for companies to obtain explicit consent when using an individual's image, particularly in commercial contexts. The decision also highlights the legal protections available to individuals under Puerto Rico's image rights law.
Going forward, this ruling may set a precedent for future cases involving image rights in Puerto Rico. It reinforces the legal framework surrounding consent and the use of personal likeness in business, potentially influencing how companies operate in the territory. The decision serves as a reminder for businesses to be vigilant about obtaining proper permissions to avoid legal disputes.
As for the next steps, Sifre Ortega may choose to appeal the ruling, although the court's decision provides a strong legal basis for the use of image rights in commercial contexts. Details on whether further related cases are pending were not available in the court filing.