Lugosi v. Universal Pictures

I respectfully dissent.

Although Bela Lugosi died more than 20 years ago, his name still evokes the vivid image of Count Dracula, a role he played on stage and in motion pictures. So impressed in the public’s memory, the image of Lugosi as Dracula was profitably marketed by defendant Universal Pictures, which had employed Lugosi to portray Count Dracula in the motion picture Dracula. Specifically, Universal Pictures concluded licensing agreements which authorized the use of Lugosi’s likeness in his portrayal of Count Dracula in connection with the sale of numerous commercial merchandising…