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Keywords

plaintiffdefendantappealsummary judgmentcorporationcivil rights

defendantstatuteappealverdictmotionsummary judgmentcivil rightsobjectionmotion for summary judgment

Related Cases

Titan Sports, Inc. v. Comics World Corp., 870 F.2d 85, 10 U.S.P.Q.2d 1311, 16 Media L. Rep. 1408

Facts

Titan Sports, Inc. promotes professional wrestling events and owns the rights to the names and likenesses of its wrestlers. The dispute arose when Comics World Corporation published oversized photographs of Titan's wrestlers in its magazines without consent. These photographs were folded and stapled inside the magazines, which were marketed as containing '10 FULL COLOR WRESTLING POSTERS! HUGE SIZE!'. Titan claimed that this use violated New York Civil Rights Law section 51, which protects against the commercialization of an individual's personality without consent.

Titan contends that the district court improperly granted Comics World's motion for a summary judgment because the record contains a sufficient factual basis for a jury to return a favorable verdict regarding Titan's section 51 claim and because that claim, based on New York's interpretation of the statute, does not encounter first amendment objection.

Issue

Whether the oversized photographs of professional wrestlers published by Comics World were used for 'purposes of trade' under New York Civil Rights Law section 51.

Whether the oversized photographs of professional wrestlers published by the defendants were used for 'purposes of trade' under New York Civil Rights Law section 51.

Rule

To establish a violation of New York Civil Rights Law section 51, a plaintiff must demonstrate that the defendant used the plaintiff's name, portrait, or picture for advertising or trade purposes without written consent. The term 'purposes of trade' does not apply to publications concerning newsworthy events or matters of public interest, and the primary aspect of the product must be commercial to fall under this rule.

Analysis

The court analyzed whether the oversized photographs were used for commercial purposes or if they had a public interest aspect. It noted that while Comics World's product was sold at newsstands, the inclusion of the photographs could still be considered a use for trade if their primary purpose was commercial. The court emphasized that the determination of whether the photographs were for trade purposes required consideration of various factors, including the nature of the item and its relationship to the magazine's content.

Conclusion

The court reversed the district court's grant of summary judgment, finding that a genuine issue of material fact existed regarding whether the photographs were used for purposes of trade.

Accordingly, since there remains a genuine issue of material fact as to whether Comics World's publications were uses for the purposes of trade, the judgment of the district court granting defendants' motion for summary judgment is reversed, and the case is remanded to the district court for further proceedings consistent with this opinion.

Who won?

The court's decision to reverse the summary judgment in favor of Comics World indicates that Titan Sports, Inc. prevailed in this appeal. The court recognized that there was a genuine issue of material fact regarding the use of the photographs, which warranted further proceedings. This outcome allows Titan to continue pursuing its claim under New York Civil Rights Law section 51, emphasizing the importance of protecting individuals' rights to control the commercial use of their likenesses.

The court's decision to reverse the summary judgment in favor of Comics World indicates that Titan Sports, Inc. prevailed in this appeal.

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