An Advertising Face-Off: Images and the Right of Publicity

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The California Supreme Court will hear oral argument on June 3 in an important “right of publicity” case, Christoff v. Nestle USA Inc. Issues include whether the single publication rule applicable to mass communication-based torts applies to right of publicity claims; whether use of another’s likeness on a product label is a “publication” for purposes of the rule; whether its

continuing use on product labels and in various product advertisements constitutes a “republication” for each use giving rise to new causes of action and whether the discovery rule applies to right of publicity claims.

For more information on this issue, see the article below.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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