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lawsuitdefendantstatuteinjunctionmotion
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Gauck v. Karamian, 805 F.Supp.2d 495, 101 U.S.P.Q.2d 1696

Facts

Lauren Lee Gauck, a television news reporter, discovered that she was the subject of defamatory posts on TheDirty.com, a gossip website operated by Hooman Karamian and Dirty World, LLC. The posts alleged that Gauck engaged in illicit activities and included her name and likeness without her consent. After Gauck requested the removal of the posts, they were taken down, but she claimed they were reposted after the lawsuit commenced. The court found that the posts did not constitute a violation of her publicity rights under Tennessee law.

Lauren Lee Gauck, a television news reporter, discovered that she was the subject of defamatory posts on TheDirty.com, a gossip website operated by Hooman Karamian and Dirty World, LLC.

Issue

Did the defendants' posting of Gauck's name and likeness on TheDirty.com violate her publicity rights under the Tennessee Personal Rights Protection Act?

Did the defendants' posting of Gauck's name and likeness on TheDirty.com violate her publicity rights under the Tennessee Personal Rights Protection Act?

Rule

The Tennessee Personal Rights Protection Act prohibits the unauthorized use of an individual's name, photograph, or likeness for commercial purposes without consent.

The Tennessee Personal Rights Protection Act prohibits the unauthorized use of an individual's name, photograph, or likeness for commercial purposes without consent.

Analysis

The court analyzed whether the defendants used Gauck's name and likeness for advertising or soliciting goods or services, which is the standard under the TPRPA. It found that the posts were not used for commercial gain or advertising purposes, as they were merely user-generated content on a gossip site. The court emphasized that the statute is narrowly drawn and only prohibits unauthorized uses in advertising contexts.

The court analyzed whether the defendants used Gauck's name and likeness for advertising or soliciting goods or services, which is the standard under the TPRPA.

Conclusion

The court concluded that Gauck failed to demonstrate a likelihood of success on the merits of her publicity rights claim, leading to the denial of her motion for a preliminary injunction.

The court concluded that Gauck failed to demonstrate a likelihood of success on the merits of her publicity rights claim, leading to the denial of her motion for a preliminary injunction.

Who won?

Defendants prevailed in the case because the court found that their use of Gauck's name and likeness did not violate the TPRPA, as it was not for commercial purposes.

Defendants prevailed in the case because the court found that their use of Gauck's name and likeness did not violate the TPRPA, as it was not for commercial purposes.

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