Olive v. Gen. Nutrition Ctrs., Inc.

MICON, J.*

*808Jason Olive is a model and actor who contracted with General Nutrition Centers, Inc. (GNC) to use his likeness in its advertising campaign. GNC continued using Olive's likeness in its advertising after its right to do so expired. GNC admitted liability for the unauthorized use of Olive's likeness in violation of Civil Code section 33441 but contested the amount of damages. A jury found Olive suffered $213,000 in actual damages and *809$910,000 in emotional distress damages. The trial court denied both parties' motions for prevailing party attorney fees and costs.

Both Olive and GNC…