Berger v. Capitol Color Mail, Inc.

By Judge Thomas S. Kenny

This matter is before the Court on Plaintiff’s Motion for Partial Summary Judgment. At issue is whether a material fact remains in dispute with regard to the liability of Defendant Reflexions Photography and Defendant Capitol Color Mail, Inc., under Virginia’s statute prohibiting the use of a person’s likeness for purposes of advertising or trade without such person’s written consent.

After careful consideration of counsel’s arguments, I grant partial summary judgment to Plaintiff for the reasons set forth below.

In this case, Reflexions took a picture of Kathleen…