Fashion Law

Question 1

Haelan Labs v. Topps Chewing Gum - Holding

Answer 1

an individual has a quasi-property right to control the use of his likeness, as well as the right to assign the commercial use of his likeness to another, the so-called “right of publicity.”

Question 2

Right of Publicity - Federal Protection?

Answer 2

No - it has not been granted federal statutory protection

Question 3

Who does the right of publicity extend to? (majority view)

Answer 3

Every individual, not just the famous.
In practice, celebs are far more likely to posses enough commercial value in their likeness to justify expensive litigation

Question 4

How long does the right of publicity last in CA?

Answer 4

Right survives the death of the individual for 70 years

Question 5

CA Civil Code 3344 - Elements

Answer 5

1. Used P’s identity
2. Appropriated P name + likeness to ∆ advantage for comm purposes (i.e. for purpose of selling or soliciting purchases of products, merchandise, goods or services)
3. Lack of consent
4. Resulting injury
5. Knowing use of P identity for ad or solicitation of purchases
6. Direct connection btwn use and comm purpose

Question 6

To establish a claim under CA common law, the P must plead and prove the ∆

Answer 6

1. Used P’s identity
2. Appropriated P’s name and likeness to ∆’s advantage, commercial or otherwise;
3. Lack of consent; and
4. Resulting injury