Which of the following actions by a defendant may lead to a successful claim for misappropriation of the right to publicity?

Misappropriation of the right to publicity refers to the unauthorized commercial use of an individual's identity, including their likeness, voice, or other personal attributes. This legal concept protects individuals from having their personal brand exploited without consent, especially in a way that can lead to economic harm or diminish the individual’s right to control how their identity is used.

The proper use of the plaintiff's likeness is a crucial element of this tort. If a defendant improperly uses a plaintiff's likeness—whether through advertising, merchandise, or any commercial endeavor—this can constitute a misappropriation claim. For a successful claim, it's essential that the plaintiff did not give permission for this usage, and that the defendant's actions led to a financial gain at the expense of the plaintiff's rights.

The other options involve factors that do not align with the key elements necessary for a claim of misappropriation. For instance, recognizing contributions doesn't imply unauthorized use, benefiting from the defendant’s actions does not indicate improper appropriation, and consulting with the plaintiff before use may suggest lawful permission rather than misappropriation. Each of these scenarios lacks the core infringement on publicity rights that would support a misappropriation claim.