Fergerstrom v. Hawaiian Ocean View Estates

OPINION OF THE COURT BY

LEVINSON, J.

This case comes to us on interlocutory appeal from an order denying the defendant’s motion for summary judgment. The plaintiffs’ complaint alleges that they, husband and wife, purchased a parcel of land from the defendant, a corporation, for the construction of a house. The defendant’s employees took pictures of one of the plaintiffs and of the house at various stages of construction. The defendant used the photographs and the plaintiffs’ name in sales brochures, in advertisements in publications, and in television commercials. The complaint alleged that the…