Love v. Associated Newspapers, Ltd.
United States Court of Appeals for the Ninth Circuit
611 F.3d 601 (2010)
- Written by Miller Jozwiak, JD
Facts
Brian Wilson (defendant) was a founding member of the Beach Boys, a rock band. After the band split apart, Wilson had several solo endeavors and released a new album. To promote the album, a British newspaper (defendant) published an advertisement that contained a CD with Wilson’s Beach Boys’ songs and his solo songs. The advertisement also included photographs of other members of the Beach Boys. The production of the advertising campaign occurred entirely in Europe—from the original idea in London through production of the CDs in Germany. None of the CDs ever made it to market in the United States. Mike Love (plaintiff) was also a member of the Beach Boys. Years before Wilson’s campaign, litigation had resulted in Love gaining the intellectual-property rights to the Beach Boys name. Love had toured under that name in the United States. Love became concerned that the newspaper advertisement would reduce his tour sales in the United States. Indeed, Love later claimed that his ticket sales in the United States were lower after the advertising campaign. Love sued Wilson and the newspaper, among others, for violating his right of publicity and the Lanham Act. The district court dismissed Love’s claims, and Love appealed.
Rule of Law
Issue
Holding and Reasoning (Thomas, J.)
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