Cohen v. Herbal Concepts, Inc.

Asch, J. (concurring).

I agree with the result reached by the majority but not with the route followed to reach that destination. I do not believe that the claim of the plaintiffs can be sustained under sections 50 and 51 of the Civil Rights Law. It is some 90 years after Samuel Warren and *185Louis Brandeis urged that the privacy of citizens be protected from unauthorized intrusion (The Right to Privacy, 4 Harv L Rev 193). Since that time a miscellany of actions have been allowed authorizing claims for commercial misappropriation of one’s name or likeness or the intrusion into an individual’s…