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KIRBY v. SEGA OF AMERICA, INC.

No. B183820.

50 Cal.Rptr.3d 607 (2006)

144 Cal.App.4th 47

Kierin KIRBY, Plaintiff and Appellant, v. SEGA OF AMERICA, INC. et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division Eight.

September 25, 2006.

Attorney(s) appearing for the Case

Blecher & Collins, Maxwell M. Blecher and Courtney A. Palko, Los Angeles, for Appellant.

Baker & McKenzie, Tod L. Gamlen, Keith L. Wurster, Palo Alto, and Christopher J. Keller, San Francisco, for Respondents Sega of America, Inc., AGETEC, Inc. and THQ, Inc.

BOLAND, J.

SUMMARY

A celebrity sued distributors of a video game alleging that, in creating a character in the video game, the distributors misappropriated her likeness and identity in violation of state and federal law. The distributors moved for summary judgment asserting the First Amendment provided a complete defense to each of the celebrity plaintiffs claims. The trial court agreed, granted the motions...

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