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Downing v. Abercrombie & Fitch
United States Court of Appeals for the Ninth Circuit
265 F.3d 994 (2001)
- Written by Eric Miller, JD
Facts
Abercrombie & Fitch (Abercrombie) (defendant) used a surfing theme for one of its quarterly catalogs to promote its clothing line. Abercrombie purchased a 1965 photograph of celebrated surfer George Downing (plaintiff) from the photographer who took it. Downing brought suit for commercial misappropriation, violation of the Lanham Act, negligence, and defamation. In its defense, Abercrombie cited free speech, copyright protection, and nominative fair use. The district court found in favor of Abercrombie on all counts. Downing appealed. The United States Court of Appeals for the Ninth Circuit granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Hug, J.)
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