|
View Case
|
|
Cited Cases
|
|
Citing Cases
|
|
Comment (0)
|
 |
|
|
|
|
|
|
|
SAGAN v. APPLE COMPUTER, INC.
874 F.Supp. 1072 (1994)
United States District Court, C.D. California.
June 27, 1994.
Plaintiff's second claim is under section 3344 of the California Civil Code, which states: Any person who knowingly uses another's name ... in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's
prior consent ... shall be liable for any damages sustained by the person or persons injured as a result thereof. Id. To plead a claim under § 3344, there must be an allegation of a "direct" connection between the use and the commercial purpose. Brewer v. Hustler Magazine, Inc.,749 F.2d 527 (9th Cir.1984) (finding that California Civil Code § 3344 is limited to appropriation for purposes of advertising or soliciting purchases); Eastwood v. Superior Court,149 Cal.App.3d 409, 417-418, 198 Cal.Rptr. 342 (1983) (finding that the allegation that The National Enquirer used Clint Eastwood's name for the purpose of promoting sales satisfied requirement). Finally, Plaintiff's fourth claim for violation of his common law right of publicity requires, among other things, that plaintiff allege "the appropriation of plaintiff's name or likeness to defendant's advantage, commercial or otherwise." White v. Samsung Electronics America, Inc.,971 F.2d 1395, 1397 (9th Cir. 1992) (citing Eastwood v. Superior Court,149 Cal.App.3d 409, 417, 198 Cal.Rptr. 342). Defendant's argues that Paragraphs 11, 12 and 14 of the complaint introduce ambiguity into the complaint such that Defendant cannot reasonably be required to frame a responsive pleading with regard to Plaintiff's first four claims. The relevant portions of the complaint state: 11. On or about December 6 and 7, 1993, Apple advised Sagan's attorneys that Apple was using Sagan's name as a "code name" for an Apple PC and that Apple would cease using Sagan's name. 12. In or about January 1994, Apple changed the "code name" of the Apple PC from "Carl Sagan" to "Butt-Head Astronomer". This change was published by Apple, and it appeared in numerous newspaper articles and in other media.
1. Sagan attempts to introduce a newspaper article containing the alleged defamatory statement. (Memorandum in Opposition to Defendant's Motion to Dismiss, Exhibit A.) However, this Court's analysis is limited to the four corners of the complaint. Nevertheless, consideration of the article would not help Sagan's position. Sagan asserts that the article implies facts which are capable of being proven false. If this is true, then Sagan's action lies against the publisher of the article, and not Defendant herein. 2. Although Milkovich limits Ault in other ways, it does not upset this portion of the Ault ruling. 3. This would explain the quotation marks Plaintiff places around the words "code name" in Paragraphs 11 and 12 — i.e., Plaintiff was simply quoting what he had been told. 4. See also Eastwood v. Superior Court,149 Cal.App.3d 409, 416, 198 Cal.Rptr. 342 (1983) (cause of action for common law commercial appropriation of right of publicity rested on appropriation branch of law of privacy).
|
|
|
|
|