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Keywords

lawsuitdefendantjurisdictionappealintellectual property

jurisdictionlitigationappealintellectual propertyappellant

Related Cases

Hepp v. Facebook, 14 F.4th 204

Facts

Karen Hepp, a newscaster, brought a lawsuit against Facebook, Reddit, and Imgur for violating her right of publicity under Pennsylvania law after her photograph was used in advertisements without her consent. The operators of these platforms moved to dismiss the case, claiming immunity under the Communications Decency Act (CDA) and lack of personal jurisdiction. The District Court dismissed Hepp's claims with prejudice, ruling that the CDA provided immunity for the operators. Hepp appealed the decision, challenging the dismissal and the court's jurisdiction over the nonresident operators.

Appellant Karen Hepp has worked in the news industry her entire adult life. Presently, she hosts FOX 29's Good Day Philadelphia. In 2018, Hepp was told by coworkers that her photograph was making its way around the internet. The image depicts Hepp in a convenience store, smiling in the center of the frame's foreground. But the photograph was taken without Hepp's knowledge or consent.

Issue

Whether the District Court erred in dismissing Hepp's claims under the Communications Decency Act and whether it had personal jurisdiction over the nonresident operators.

Rule

Analysis

The court analyzed whether the CDA's immunity applied to Hepp's claims, determining that her right of publicity claim fell within the intellectual property exception of the CDA. The court found that the operators did not have sufficient contacts with Pennsylvania to establish personal jurisdiction, as Hepp failed to demonstrate that the operators' activities were directly related to her claims. The court concluded that the operators were not entitled to immunity under the CDA for Hepp's claims, as they pertained to intellectual property.

Because Hepp's allegations focus on how Imgur and Reddit purposefully availed themselves of the Pennsylvania market. But those contacts do not relate to this litigation. Hepp alleges Imgur and Reddit targeted their advertising business to Pennsylvania. And she alleges Imgur has an online merchandise store that sells products to Pennsylvanians. Finally, she points to Reddit's premium membership business and an online community organized around Philadelphia. But none of these contacts forms a strong connection to the misappropriation of Hepp's likeness.

Conclusion

The Court of Appeals affirmed the dismissal of Hepp's claims against the nonresident operators for lack of personal jurisdiction but reversed the dismissal of her claims against Facebook, holding that the CDA's immunity did not apply to her right of publicity claim.

Who won?

The Court of Appeals ruled in favor of Karen Hepp regarding her claims against Facebook, reversing the District Court's dismissal. The court found that Hepp's right of publicity claim was not barred by the CDA's immunity provisions, as it fell within the intellectual property exception. However, the court upheld the dismissal of her claims against Reddit and Imgur due to lack of personal jurisdiction, indicating that while Hepp succeeded against Facebook, she did not prevail against the other defendants.

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