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Maritote v. Desilu Productions, Inc.

345 F.2d 418 (1965)

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Maritote v. Desilu Productions, Inc.

United States Court of Appeals for the Seventh Circuit

345 F.2d 418 (1965)

Facts

Alphonse (Al) Capone died in January of 1947. Beginning in 1959, Desilu Productions, Inc.; Columbia Broadcasting System, Inc.; and Westinghouse Electric Corporation (the broadcasting companies) (defendants) broadcasted a fictional television series called The Untouchables, which portrayed a fictionalized account of the life of Al Capone. The estate of Al Capone; his widow, Mae Capone; and his son, Albert Capone (plaintiffs) filed suit against the broadcasting companies. The estate brought a claim for unjust enrichment based on the appropriation of Al’s name, likeness, and personality. Mae and Albert asserted a claim for invasion of privacy and sought an injunction. The district court dismissed the various claims. On appeal, Mae and Albert argued that even though they were not mentioned in the broadcasts, the commercial exploitation of their loved one invaded their privacy.

Rule of Law

Issue

Holding and Reasoning (Schnackenberg, J.)

Concurrence (Duffy, J.)

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