Dustin Hoffman v. Los Angeles Magazine
An article entitled "Grand Illusions" in the "Fabulous Hollywood Issue!" of Los Angeles Magazine in March 1997 featured several famous film stills altered such that the movie stars appeared to be wearing spring fashions. The scenes included Cary Grant in “North by Northwest,” John Travolta in “Saturday Night Fever,” Elvis Presley in “Jailhouse Rock,” ), and Marilyn Monroe in "The Seven Year Itch.” The final image was a play on the legendary image of Dustin Hoffman posing in front of an American flag from the 1982 film “Tootsie,” but Hoffman was depicted in a Richard Tyler butter-colored silk gown and Ralph Lauren heels instead of the original red long-sleeved sequined evening dress and high heels.
One month later, Hoffman filed a $5 million lawsuit against Los Angeles Magazine's owner and publisher, Fairchild Publications (which is owned by Capital Cities/ABC, Inc.), alleging that the photograph misappropriated Hoffman's name and likeness in violation of the California common law right of publicity, the California statutory right of publicity, the California unfair competition statute, and the federal Lanham Act. Hoffman added the magazine as a defendant after ABC removed the case to federal court. …show more content…
The district court ruled that Los Angeles Magazine's First Amendment defense was “unavailing because the First Amendment does not protect knowingly false speech” and the magazine’s conduct “was wilful, malicious and in conscious disregard of Plaintiff's rights pursuant to California Civil Code Section 3294.” The court wrote, “Allowing this type of deceptive conduct to continue under the guise of First Amendment protection would lead to further technological
An article entitled "Grand Illusions" in the "Fabulous Hollywood Issue!" of Los Angeles Magazine in March 1997 featured several famous film stills altered such that the movie stars appeared to be wearing spring fashions. The scenes included Cary Grant in “North by Northwest,” John Travolta in “Saturday Night Fever,” Elvis Presley in “Jailhouse Rock,” ), and Marilyn Monroe in "The Seven Year Itch.” The final image was a play on the legendary image of Dustin Hoffman posing in front of an American flag from the 1982 film “Tootsie,” but Hoffman was depicted in a Richard Tyler butter-colored silk gown and Ralph Lauren heels instead of the original red long-sleeved sequined evening dress and high heels.
One month later, Hoffman filed a $5 million lawsuit against Los Angeles Magazine's owner and publisher, Fairchild Publications (which is owned by Capital Cities/ABC, Inc.), alleging that the photograph misappropriated Hoffman's name and likeness in violation of the California common law right of publicity, the California statutory right of publicity, the California unfair competition statute, and the federal Lanham Act. Hoffman added the magazine as a defendant after ABC removed the case to federal court. …show more content…
The district court ruled that Los Angeles Magazine's First Amendment defense was “unavailing because the First Amendment does not protect knowingly false speech” and the magazine’s conduct “was wilful, malicious and in conscious disregard of Plaintiff's rights pursuant to California Civil Code Section 3294.” The court wrote, “Allowing this type of deceptive conduct to continue under the guise of First Amendment protection would lead to further technological