Legal Opinion

Allen v. National Video, Inc.

District Court, S.D. New York

Decided May 16, 1985No. 84 Civ. 2764 (CBM)PublishedCited by 66 opinions

1Opinion of the Court

OPINION

MOTLEY, Chief Judge.

This case arises because plaintiff, to paraphrase Groucho Marx, wouldn’t belong to any video club that would have him as a member. More precisely, plaintiff sues over an advertisement for defendant National Video (National) in which defendant Boroff, allegedly masquarading as plaintiff, portrays a satisfied holder of National’s movie rental V.I.P. Card. Plaintiff asserts that the advertisement appropriates his face and implies his endorsement, and that it therefore violates his statutory right to privacy, his right to publicity, and the federal Lanham Act’s…

2Cases cited49 opinions

  1. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  2. McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
  3. In re R. M. J.Supreme Court of the United States · 1982
  4. In Re RMJSupreme Court of the United States · 1982
  5. Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980

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

3Cited by66 opinions

  1. Tom Waits v. Frito-Lay, Inc. Tracy-Locke, Inc.Court of Appeals for the Ninth Circuit · 1992
  2. Famous Horse Inc. v. 5th Ave. Photo Inc.Court of Appeals for the Second Circuit · 2010
  3. Rosa Parks v. Laface RecordsCourt of Appeals for the Sixth Circuit · 2003
  4. Emi Catalogue Partnership and Emi Robbins Catalog Inc. v. Hill, Holliday, Connors, Cosmopulos Inc. And Spalding Sports WorldwideCourt of Appeals for the Second Circuit · 2000
  5. Etw Corporation v. Jireh Publishing, Inc.Court of Appeals for the Sixth Circuit · 2003

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

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