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Keywords

contractlawsuitdefendantappealsummary judgment

defendantsummary judgment

Related Cases

McFarland v. Miller, 14 F.3d 912, 29 U.S.P.Q.2d 1586, 22 Media L. Rep. 1205

Facts

George McFarland, a former child actor known for his role as 'Spanky' in the 'Our Gang' series, brought a lawsuit against Joseph Miller and Anaconda, Inc. for using his name and likeness without permission for a restaurant named 'Spanky McFarland's' in New Jersey. McFarland claimed this constituted an invasion of his right of publicity, among other legal violations. After his death during the appeal process, his personal representative continued the case, arguing that McFarland's right to publicity survived his death under New Jersey law.

Issue

Whether the right of publicity survives the death of a public figure under New Jersey law, and whether McFarland had retained any rights to his name and likeness that would allow his personal representative to continue the action.

Whether a person's right to prevent unauthorized commercial use of a name survives the person's death under New Jersey law.

Rule

Analysis

The court analyzed whether McFarland's identity had become so intertwined with the character 'Spanky' that his right of publicity would survive his death. It found that there was sufficient evidence to suggest that McFarland's identity was invoked by the name 'Spanky McFarland,' thus allowing his personal representative to continue the action. The court also considered the implications of the 1936 contract with the studio, concluding that it did not completely strip McFarland of his rights to his name and likeness.

Evidence in action by movie actor claiming invasion of right of privacy arising from restaurant's use of movie character's name raised genuine issues of material fact as to whether actor had become so inextricably identified with movie character that actor's own identity was invoked by name of movie character, precluding summary judgment.

Conclusion

The court reversed the district court's summary judgment in favor of the defendants and remanded the case for further proceedings, allowing McFarland's personal representative to pursue the claims.

If McFarland's personal representatives can demonstrate on remand that the name Spanky McFarland identified George McFarland and not just the little urchin Spanky he portrayed in the movie and television series, McFarland's right of publicity to exploit the name Spanky McFarland is superior to that of Miller and Anaconda.

Who won?

The court's decision to reverse the summary judgment means that the prevailing party is now Doris McFarland, the personal representative of George McFarland. The court recognized that McFarland's right of publicity could survive his death, allowing his estate to continue the legal action against the defendants for unauthorized use of his name and likeness.

The court recognized that McFarland's right of publicity could survive his death, allowing his estate to continue the legal action against the defendants for unauthorized use of his name and likeness.

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