Guglielmi v. Spelling-Goldberg Productions

*862BIRD, C. J., Concurring.

This court must decide whether the use of a deceased celebrity’s name and likeness in a fictional film exhibited on television constitutes an actionable infringement of that person’s right of publicity. It is clear that appellant’s action cannot be maintained. Therefore, the trial court properly dismissed his complaint.

I

In his complaint, appellant alleges that Rudolpho Guglielmi, also known as Rudolph Valentino, was his paternal uncle. Valentino was a world-renowned silent motion picture actor who created substantial commercial value in his identity through his motion…