Christoff v. Nestle USA, Inc.

WERDEGAR, J.,

Concurring. — I concur fully in the majority opinion. In particular, I agree that without a better factual record we cannot determine how California’s single publication mle (Civ. Code, § 3425.3 (hereafter section 3425.3)) should apply here and hence whether, or to what extent, plaintiff’s action is barred by the statute of limitations. Nonetheless, I believe some general principles relevant to that question may be discerned from the language of section 3425.3.1

Leaving aside any Taster’s Choice labels on which plaintiffs image was significantly altered, and further disregarding…