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White v. Samsung Electronics America, Inc.
United States Court of Appeals for the Ninth Circuit
989 F.2d 1512 (9th Cir. 1993)
Samsung Electronics America, Inc. (Samsung) (defendant) aired a commercial in which a robot dressed in a wig, dress, and jewelry stood next to a board very similar to that used in the game show Wheel of Fortune. The clear intent of the commercial was to evoke the image of Vanna White (plaintiff) in the viewing audience’s mind. White brought suit against Samsung for misappropriating her right to publicity of her image. The district court found in favor Samsung. The United States Court of Appeals for the Ninth Circuit reversed. Samsung filed a petition for rehearing.
Rule of Law
Holding and Reasoning (En banc)
Dissent (Kozinski, J.)
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