Binns v. Vitagraph Co. of America
New York Court of Appeals
Appeal from a final judgment entered December 18, 1911, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff on an assessment of damages and reinstated said verdict, bringing up for review an interlocutory judgment of Special Term granting an injunction herein and directing that plaintiff’s damages be assessed by a jury and an order of…
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Appeal from a final judgment entered December 18, 1911, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff on an assessment of damages and reinstated said verdict, bringing up for review an interlocutory judgment of Special Term granting an injunction herein and directing that plaintiff’s damages be assessed by a jury and an order of said Appellate Division affirming said interlocutory judgment. The defendant is a corporation engaged in the business of…
1Opinion of the CourtChase, J.
The Special Term found that the defendant used the plaintiff’s name and picture for the purposes of trade and advertising. It is asserted that the defendant by the way it used the plaintiff’s name and picture ■ held him up to public ridicule and contempt. In determining whether this action can be maintained it is immaterial whether the defendant’s use of the plaintiff’s name and picture held him up to public ridicule and contempt because the action is not brought for a libel. If the use made of the plaintiff’s name and picture constituted a libel it would be punishable as provided by the…
2Cases cited2 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Rhodes v. . Sperry Hutchinson Co.New York Court of Appeals · 1908
3Cited by122 opinions
- Time, Inc. v. HillSupreme Court of the United States · 1967
- Jackie Collins Lerman v. Flynt Distributing Co., Inc.Court of Appeals for the Second Circuit · 1984
- Melvin v. ReidCalifornia Court of Appeal · 1931
- Sidis v. FR Pub. CorporationCourt of Appeals for the Second Circuit · 1940
- Briscoe v. Reader's Digest Association, Inc.California Supreme Court · 1971
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