Re: Advertising violations

On Tue, Mar 16, 1999, Vance R. Koven <vrkoven[_at_]world.std.com> wrote:
>
> On Mon, 15 Mar 1999, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
> >
> > This is true in only some states. There are numerous jurisdictions in
> > which the right of publicity is not descendable, and others in which it
> > is descendable only if it was exploited by the decedent during his own
> > lifetime. Obviously, however, Tennessee and California are not among
> > those jurisdictions, but are rather the two states in which rights of
> > publicity are most broadly protected. The rights of the Three Stooges
> > are protected under California statutory law, and are controlled by
> > Comedy III Productions, Inc.
>
> I take it, therefore, that C3PI (drat that "Inc."!) can only enforce its
> rights against California violators?

I don't think that's true ... I'm pretty sure they have prevailed against out of state defendants as well.

If so, however, it probably had to do with the addition of common law right of publicityor unfair competition claims, and the reach of California's long arm statute. I'm only speculating here.

Bob Cumbow
cumbr[_at_]perkinscoie.com
206-583-8566 Received on Wed Mar 17 1999 - 19:42:46 GMT