Wendell v. Conduit Machine Co.

It is conceded that the defendant is using plaintiff’s portrait or picture for advertising purposes, or for the purposes of trade, without having first obtained his written consent, as required by the Civil Eights Law, section 50. That use consists of circulars or catalogues, showing the plaintiff in the act of operating a machine manufactured by the defendant.

By section 51 of the statute cited,' supra, a person whose portrait or picture is used within this state for advertising purposes, or for the purposes of trade, without his written consent, first obtained, as provided by section 50,…