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Cairns v. Franklin Mint Co., 292 F.3d 1139, 63 U.S.P.Q.2d 1279, 02 Cal. Daily Op. Serv. 5402, 2002 Daily Journal D.A.R. 6841

Facts

The trustees of the Diana Princess of Wales Memorial Fund and the executors of her estate sued Franklin Mint for various claims related to the unauthorized use of Princess Diana's name and likeness on memorabilia. The Fund argued that this use constituted false endorsement, false advertising, and violations of California's right of publicity statute. After the District Court granted summary judgment in favor of Franklin Mint, awarding them $2,308,000 in attorney fees, the Fund appealed the decision. The court ultimately held that the law of Princess Diana's domicile, Great Britain, governed the case, and thus the Fund's claims were not valid under California law.

Issue

Whether the California post-mortem right of publicity statute applies to the claims of the Fund given that Princess Diana was domiciled in Great Britain, and whether Franklin Mint's use of her name and likeness constituted false endorsement under the Lanham Act.

Whether California's post-mortem right of publicity statute applies to the claims of the Fund given that Princess Diana was domiciled in Great Britain, and whether Franklin Mint's use of her name and likeness constituted false endorsement under the Lanham Act.

Rule

The California post-mortem right of publicity statute applies only to cases arising from acts occurring directly in California and does not apply regardless of the domicile of the owner of the right. The law of the decedent's domicile governs the right of publicity claims, and in this case, Great Britain does not recognize such claims. Additionally, under the Lanham Act, false endorsement claims hinge on the likelihood of customer confusion regarding the source of goods.

Analysis

The court analyzed the applicability of California's right of publicity statute and determined that it did not apply to the Fund's claims because the law of Great Britain governed, which does not recognize a post-mortem right of publicity. Furthermore, the court found that Franklin Mint's use of Princess Diana's name and likeness did not create a likelihood of confusion among consumers, as many products had been sold using her likeness without her endorsement, and thus the fair use defense applied.

Conclusion

The court affirmed the District Court's ruling, concluding that the Fund's claims were invalid under California law and that Franklin Mint was entitled to attorney fees.

Affirmed.

Who won?

Franklin Mint prevailed in this case as the court found that the Fund's claims were not supported by the law governing the right of publicity. The court determined that the law of Princess Diana's domicile, Great Britain, applied, which does not recognize a post-mortem right of publicity. Additionally, the court ruled that Franklin Mint's use of Princess Diana's likeness was protected under the fair use doctrine, as there was no likelihood of consumer confusion regarding the origin of the products.

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