Legal Opinion
Kirby v. Sega of America, Inc.
California Court of Appeal
Decided September 25, 2006No. B183820PublishedCited by 33 opinions
1Opinion of the Court
Opinion
BOLAND, J.
SUMMARY
A celebrity sued distributors of a video game alleging that, in creating a character in the video game, the distributors misappropriated her likeness and identity in violation of state and federal law. The distributors moved for summary judgment asserting the First Amendment provided a complete defense to each of the celebrity plaintiff’s claims. The trial court agreed, granted the motions, and subsequently awarded the distributors mandatory attorney’s fees, as prevailing parties under Civil Code section 3344, subdivision (a). We affirm the judgment and remand for a…
2Cases cited21 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Robins v. Pruneyard Shopping CenterCalifornia Supreme Court · 1979
- Shulman v. Group W Productions, Inc.California Supreme Court · 1998
- Etw Corporation v. Jireh Publishing, Inc.Court of Appeals for the Sixth Circuit · 2003
16 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Hilton v. Hallmark CardsCourt of Appeals for the Ninth Circuit · 2010
- Love v. Associated Newspapers, Ltd.Court of Appeals for the Ninth Circuit · 2010
- Stewart v. Rolling Stone LLCCalifornia Court of Appeal · 2010
- Hart v. Electronic Arts, Inc.Court of Appeals for the Third Circuit · 2013
- Samuel Keller v. Electronic Arts Inc.Court of Appeals for the Ninth Circuit · 2013
28 more not listed; retrieve them via the Exa API.