Andretti v. Rolex Watch U.S.A., Inc.

OPINION OF THE COURT

This dispute arises out of the 1979 publication of two watch advertisements placed by defendant Rolex Watch U.S.A., Inc. The advertisements contained the name and picture of plaintiff, a well-known race car driver. Plaintiff sought recovery under section 51 of the Civil Rights Law, alleging that his name and picture were used in these advertisements without his written consent. Supreme Court denied plaintiff’s motion for partial summary judgment with respect to liability. The Appellate Division reversed and granted the motion (82 AD2d 765).

The Appellate Division erred in…