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.

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California has a law that protects a celebrity’s right to control their publicity.  If someone uses another persons name, image, or likeness without their consent, the wrongdoer is liable for actual damages.  This usually happens when someone wants to exploit a celebrity’s status to promote their own economic objectives. 

Under Civil Code §3344 any person who uses another persons 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.

If someone takes a photograph of a celebrity like Shirley Jones and places that photograph on t-shirts that they sell for $50 each, in most likelihood Shirley Jones would not have suffered actual damages. An exception would be if somehow Shirley Jones was also selling t-shirts with her photograph and this wrongdoer diverted sales, or if the use of the wrongdoers t-shirts diluted the Shirley Jones brand where economic loss could be proven.

The statute is designed so that Shirley Jones, or any other celebrity whose right to their publicity is misappropriated, does not need to show actual damages. The statute is designed to prevent others from profiting off the name or likeness of a celebrity’s status. A wrongdoer violating this statute is liable for any such profits attributable to that use.

I am involved in two such lawsuits.  One is a class action where a company is selling photographs of celebrities and the other while representing a celebrity in an individual lawsuit.

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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.

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I often litigate unfair business competition cases.  These cases can arise in a variety of settings including actions for trademark infringement, trade secret misappropriation, or business torts including interference with contractual relations.  In Federal Court the Lanham Act is the federal unfair competition statute that protects consumers from trademark infringement or false advertising.

In California there is also an unfair competition law.  California’s unfair competition law (Business & Professions Code § 17200 et seq., UCL) “is a notoriously broad statute.”  This law defines the breath of the statute by stating: “… unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising…”

Virtually any law or regulation including federal or state, statutory or common law, can serve as predicate for a § 17200 “unlawful” violation.  If a “business practice” violates any law literally it also violates § 17200 and may be redressed under that section. [People v. E.W.A.P., Inc. (1980) 106 CA3d 315, 319, 165 CR 73, 75] .  As the California Supreme Court has said, § 17200 “borrows” violations of other laws and treats them as unlawful practices independently actionable under § 17200. [Farmers Ins. Exch. v. Sup.Ct. (1992) 2 C4th 377, 383]

In 2004 the California voters passed Proposition 64 which limited lawsuits brought under this law.  The limitation required the person bringing the lawsuit to have suffered an actual injury and instead of allowing what was referred to as representative actions, they are now required to be class action lawsuits and follow the strict requirements of such lawsuits.

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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

Posted in Business Litigation, Intellectual Property, Trade Secret, Trademark  |   No Comments/Questions