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CHRISTOFF v. NESTLÉ USA, INC.

No. B182880.

62 Cal.Rptr.3d 122 (2007)

152 Cal.App.4th 1439

Russell CHRISTOFF, Plaintiff and Respondent, v. NESTLÉ USA, INC., Defendant and Appellant.

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

June 29, 2007.

Attorney(s) appearing for the Case

Horvitz & Levy, David M. Axelrad, Jeremy B. Rosen, John A. Taylor, Jr., Encino; Heller & Edwards, Lawrence E. Heller, Beverly Hills, and Shula R. Barash, for Defendant and Appellant.

Law Offices of Colin C. Claxon, Colin C. Claxon, San Rafael; Mayer & Glassman Law Corp., Robert David Mayer, Los Angeles; Kibre & Horwitz, Eric G. Stockel, Beverly Hills; David J. Franklyn, for Plaintiff and Respondent.

COOPER, P.J.

"No social purpose is served by having the defendant get free some aspect of the plaintiff that would have market value and for which he would normally pay." (Zacchini v. Scripps-Howard Broadcasting Co. (1977) 433 U.S. 562, 576, 97 S.Ct. 2849, 53 L.Ed.2d 965.) That is what happened in this case. Nestlé USA, Inc. (Nestlé or appellant) used Russell Christoff's image on its Taster's Choice instant coffee label...

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