Humiston v. Universal Film Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Universal Film Manufacturing Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of March, 1919, upon the decision of the court after a trial at the New York Special Term. The judgment granted an injunction and directed an assessment of damages by a jury at plaintiff’s request as a matter of right.
1Opinion of the Court
Smith, J.:
The action is brought under sections 50 and 51 of the Civil Rights Law, prohibiting the use of a person’s name, portrait dr picture, without his written consent first obtained, “ for advertising purposes or for the purposes of trade.” The acts enjoined by the judgment appealed from are, jfirst, the presentation of the plaintiff’s name and picture as news in a motion picture film depicting current events, and, second, the publication of the plaintiff’s name and picture on certain posters used to announce the subject of current interest exhibited by the film. The court below found the…
2Cases cited4 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Binns v. Vitagraph Co. of AmericaNew York Court of Appeals · 1913
- Jeffries v. New York Evening Journal Publishing Co.New York Supreme Court · 1910
- Colyer v. Richard K. Fox Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by55 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
- Gautier v. Pro-Football, Inc.New York Court of Appeals · 1952
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