Sperry & Hutchinson Co. v. Rhodes
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The facts are stated in the opinion.
1Opinion of the CourtJustice Holmes
This is an action brought by the defendant in error for *505using her photographed portrait for advertising purposes without her written consent first obtained. The facts were found against the defendant (the plaintiff in. error), an injunction was issued and damages were awarded; 120 App. Div. 467; the judgment was affirmed by the Court of Appeals, 193 N. Y. 223, and thereupon final judgment was entered in the Supreme Court. The suit was based upon Chapter 132 of the New York Statutes of 1903, which makes such use of the name, portrait or picture of any living person a misdemeanor and gives this…
2Cases cited3 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Rhodes v. . Sperry Hutchinson Co.New York Court of Appeals · 1908
- Rhodes v. Sperry & Hutchinson Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by93 opinions
- State v. SmithOhio Supreme Court · 1997
- Califano v. WebsterSupreme Court of the United States · 1977
- State v. SmithOhio Supreme Court · 1997
- Gautier v. Pro-Football, Inc.New York Court of Appeals · 1952
- People v. FloydCalifornia Supreme Court · 2003
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