Ainsworth v. Century Supply Co.

693 N.E.2d 510 (1998)

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Ainsworth v. Century Supply Co.

Illinois Appellate Court

693 N.E.2d 510 (1998)

Facts

Charles Ainsworth (plaintiff) was a tile installer. Tom Parks, the sales manager of Century Supply Co. (Century) (defendant), which sold ceramic tile, hired Ainsworth to install tile. Ainsworth agreed to allow Parks to videotape him installing tile so Parks could distribute the video to Century’s customers. Later, Century hired TCI of Illinois (TCI) (defendant) to make a commercial for Century. TCI used the video of Ainsworth installing tile in a small part of the commercial. The commercial was aired many times. After seeing the commercial, Ainsworth told Century to stop airing the commercial because he had not consented to be in it. Century at first denied that Ainsworth was in the commercial. Parks later testified he was shocked Ainsworth had complained because Parks thought most people would be thrilled to appear in a commercial. The commercial continued to air. Ainsworth sued Century and TCI for appropriation, requesting punitive damages. The trial court granted TCI’s motion to dismiss, holding that TCI did not commercially benefit from the commercial. The trial court then granted Century’s motion for summary judgment, holding that Ainsworth had not suffered actual damages. Ainsworth appealed.

Rule of Law

Issue

Holding and Reasoning (Inglis, J.)

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