Legal Opinion

Lothar Motschenbacher v. R. J. Reynolds Tobacco Company, a Corporation, and William Esty Company

Court of Appeals for the Ninth Circuit

Decided June 6, 1974No. 72-1419PublishedCited by 69 opinions

1Opinion of the Court

OPINION

KOELSCH, Circuit Judge:

Lothar Motsehenbacher appeals from the district court’s order granting summary judgment in favor of defendants in his suit seeking injunctive relief and damages for the alleged misappropriation of his name, likeness, personality, and endorsement in nationally televised advertising for Winston cigarettes. The jurisdiction of the district court is founded on diversity of citizenship, 28 U.S.C. § 1332; appellate jurisdiction is predicated on 28 U.S.C. § 1291.

The “facts” on which the district court rendered summary judgment are substantially as follows: 1 Plaintiff…

2Cases cited41 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Time, Inc. v. HillSupreme Court of the United States · 1967
  4. Reich v. PurcellCalifornia Supreme Court · 1967
  5. Coverstone v. DaviesCalifornia Supreme Court · 1952

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3Cited by69 opinions

  1. Moore v. Regents of University of CaliforniaCalifornia Supreme Court · 1990
  2. Donald Newcombe v. Adolf Coors Company Foote, Cone and Belding and Time, Inc.Court of Appeals for the Ninth Circuit · 1998
  3. Tom Waits v. Frito-Lay, Inc. Tracy-Locke, Inc.Court of Appeals for the Ninth Circuit · 1992
  4. Kareem Abdul-Jabbar v. General Motors Corporation Leo Burnett Company, Inc.Court of Appeals for the Ninth Circuit · 1996
  5. Love v. Associated Newspapers, Ltd.Court of Appeals for the Ninth Circuit · 2010

64 more not listed; retrieve them via the Exa API.

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