Case Study : Vanna White ( Plaintiff ) V. Samsung Electronics America Inc.
718 Words Nov 13th, 2016 3 Pages
Citation: 971 F.2d 1395 (Case Brief Document)
Procedural History (what happened in the case):
Samsung Electronics America Inc. and David Deutsch Associates Inc., Defendants, were sued by Vanna White, Plaintiff, because Defendants used a robot likeness of Plaintiff in a series of advertisements without Plaintiff’s consent or monetary compensation. Plaintiff claimed common law rights of publicity and the Lanham Act. The District Court granted summary judgment in favor of Defendants. Plaintiff appealed.
Defendants produced an advertisement campaign around the likeness of a popular TV show, “Wheel of Fortune.” In this case, Plaintiff - the hostess of the TV show, claimed that the robot used in the commercial dressed in a wig, gown and jewelry, resembled her own dress and hair. Moreover, the robot stood in front of the well known “Wheel of Fortune” game board in a similar stance that she was famous for. Lastly, the ad was titled the “Longest running game shows 2012 A.D” and Defendants regularly referred to the ad as the “Vanna White” ad.
1. Did Defendants violate the clause of celebrity’s “likeness” by depicting Plaintiff as a robot?
• The Court held that because a robot was used without Plaintiff’s exact features, there were no violations of the Likeness claim under section 3344.
2. Did Defendants…