Acme Circus Operating Co., Inc., a Florida Corporation v. Jane Beatty Kuperstock

KRAVITCH,

Circuit Judge:

This diversity action, involving survivability of the right of publicity of a person’s name, presents a choice of law problem and a need to interpret state law. We conclude that the court below erred in granting summary judgment and reverse and remand.

This litigation resulted from a dispute between appellees, Acme Circus and Gerald Collins, Acme’s owner, and appellant Jane Beatty Kuperstock, widow of Clyde Beatty, over the right of publicity in the name of Clyde Beatty and the title Clyde Beatty Circus. Beatty was an animal trainer, who prior to 1956 operated the Clyde…