I am representing two celebrities whose names, photographs, and biography were used by a company that sponsors celebrity autograph shows where fans can go and meet their favorite celebrities and obtain authographs or puchase memorabilia. After a dispute arose from this April, 2009 show and my clients did not attend the show, the show’s sponsors did not inform the public of that fact but continued to represent that my clients were going to attend their event.
Under California Civil Code §3344 any person who uses another person’s name or likeness without their consent is liable for actual damages caused, or if no actual damages then at least $750.00 plus any profits earned from the unauthorized misappropriation and attorney fees.
After a lawsuit was filed under this California statute that protects celebrities rights to control their right to publicity and prevent others from exploiting their celebrity status, this autograph show sponsor once again used my clients’ name, picture, and biography to promote their February, 2010 show. In response to that I filed a supplemental complaint to include the misappropriation of my clients’ name and likeness for the February, 2010 show.
It is the general policy that courts should exercise liberality in permitting the filing of supplemental pleadings when the alleged ‘occurring-after’ facts are pertinent to the case. [Code Civ.Proc., §464; People ex rel. Dept. Pub. Wks. v. Douglas, 15 Cal.App.3d 814]
As with amended pleadings, a motion to file supplemental pleadings is addressed to the sound discretion of the court. And, the same policy favoring liberality in amending pleadings applies … so that all matters in dispute between the parties can be resolved in a single lawsuit if reasonably possible. [Louie Queriolo Trucking, Inc. v. Sup.Ct. (Tumblin Co.) (1967) 252 CA2d 194, 197]
The legislature wrote this statute allowing for the recovery of attorney fees. This is normally done when the legislature feels strongly that the conduct of exploiting a celebrity’s status should not be tolerated. One should not be permitted to profit off of someone elses reputation and status without their consent. Allowing for attorney fees adds teeth to the lawsuit in that if you cannot prove actual damages to the celebrity, the celebrity can get their attorney fees paid. This a deterent to anyone engaging in this type of business practice.
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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com
He emphasizes on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.
