Torts Keyed to Epstein
White v. Samsung Electronics America, Inc.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Vanna White (Plaintiff) is the hostess of “Wheel of Fortune.” Plaintiff markets her identity to various advertisers. The dispute in this case arose out of a series of advertisements prepared for Samsung (Defendant). The advertisement, which prompted the dispute, was for Samsung videocassette recorders. The ad depicted a robot, which was consciously presented to resemble Plaintiff next to a game board that is instantly recognizable as The Wheel of Fortune. Defendant referred to the ad as the “Vanna White” ad. Plaintiff neither consented to the ads nor was paid. Plaintiff sued Defendant for: (1) California Civil Code section 3344, (2) the California common law right of publicity; and (3) the Lanham Act. The district court granted summary judgment against Plaintiff on each of her claims. Plaintiff appealed.
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11m 27s