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Intellectual Property Law

: Intellectual Property Law

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

By Sheppard Mullin

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The California Supreme Court heard oral argument on June 3 in an important 'right of publicity' case, Christoff v. Nestle USA Inc. Issues included 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.

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Authored By:

Guylyn Cummins
(619) 338-6645
gcummins@sheppardmullin.com

Full post as published by Intellectual Property Law on June 19, 2009 (boomark / email).

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