Cuccioli v. Jekyll & Hyde Neue Metropol Bremen Theater Produktion GMBH & Co.

From 1995 to 1999, Robert Cuccioli (plaintiff) was the star of the New York production of Jekyll & Hyde the musical. Following negotiations in New York, Jekyll & Hyde Neue Metropol Bremen Theater Produktion GMBH & Co. (Bremen Theater) (defendant) obtained a license to produce Jekyll & Hyde in certain foreign jurisdictions. In March 1998, Bremen Theater received authorization to use the title treatment for Jekyll & Hyde, but the parties disagreed whether this authorization was for use of the title treatment or the logo as a whole. In August 1998, Bremen Theater sent Cuccioli samples of merchandise using a combination of the title treatment and logo as a whole, which contained Cuccioli’s likeness. Cuccioli’s management firm demanded Bremen Theater cease and desist use of Cuccioli’s likeness. Following the German production of Jekyll & Hyde, Bremen Theater released a compact disc of its German-language cast recording of Jekyll & Hyde. The logo containing Cuccioli’s likeness appeared on the CD itself, on the back of the package liner, and on the pages of the liner that offered other merchandise featuring the disputed use. The CD was sold to New York consumers through at least one sale from Bremen Theater’s website and several from local record stores. Cuccioli brought suit against Bremen Theater, alleging that its use of Cuccioli’s likeness violated New York Civil Rights Law Section 50 and 51, and requesting damages and injunctive relief. Bremen Theater moved for summary judgment dismissing the complaint, arguing New York Civil Rights Law could not reach its out-of-state use of Cuccioli’s likeness.