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ALLEN v. NATIONAL VIDEO, INC.

No. 84 Civ. 2764 (CBM).

610 F.Supp. 612 (1985)

Woody ALLEN, Plaintiff, v. NATIONAL VIDEO, INC., Ron Smith, d/b/a Ron Smith Celebrity LookAlikes, and Phil Boroff, Defendants.

United States District Court, S.D. New York.

May 16, 1985.

Attorney(s) appearing for the Case

Bornstein & Laufer by Jacob Laufer, New York City, for plaintiff.

Lester Schwab Katz & Dwyer by Patrick A. Lyons, Thomas A. Catalano, New York City, for defendant National Video.

Frankfurt Garbus Klein & Selz by Richard Kurnit, New York City, N.Y., for defendants Smith & Boroff.

OPINION

MOTLEY, Chief Judge.

This case arises because plaintiff, to paraphrase Groucho Marx, wouldn't belong to any video club that would have him as a member. More precisely, plaintiff sues over an advertisement for defendant National Video (National) in which defendant Boroff, allegedly masquarading as plaintiff, portrays a satisfied holder of National's movie rental V.I.P. Card. Plaintiff asserts that the advertisement appropriates his face and implies...

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