§Why CasetextPricing

Lindsay Lohan, Appellant,v.Take-Two Interactive Software, Inc., et al., Respondents.

Brief

38 Cited authorities

  1. Campbell v. Acuff-Rose Music, Inc.

    510 U.S. 569 (1994)   Cited 627 times   71 Legal Analyses
    Holding that “[i]t was error for the Court of Appeals to conclude that the commercial nature of [a secondary work] rendered it presumptively unfair”

  2. Bolger v. Youngs Drug Products Corp.

    463 U.S. 60 (1983)   Cited 747 times   9 Legal Analyses
    Holding ban on "unsolicited advertisements for contraceptives" was not narrowly tailored to interest in "aiding parents' efforts to discuss birth control with their children."

  3. Florida Bar v. Went For It, Inc.

    515 U.S. 618 (1995)   Cited 452 times
    Holding a 30-day post-accident ban on attorney solicitations narrowly tailored, finding it relevant that ample alternative channels for advertising legal services were available

  4. Firth v. State of New York

    98 N.Y.2d 365 (N.Y. 2002)   Cited 212 times
    Holding that the addition of a completely irrelevant report published on the State's website did not render the website "republished" for the purpose of a defamation action

  5. Benn v. Benn

    82 A.D.3d 548 (N.Y. App. Div. 2011)   Cited 163 times   1 Legal Analyses
    Dismissing so much of the cause of action for conversion predicated upon the conversion of real property

  6. Peterson v. Spartan Indus., Inc.

    33 N.Y.2d 463 (N.Y. 1974)   Cited 456 times   1 Legal Analyses
    Granting plaintiff further opportunity to prove other contacts and activities of defendant in New York as might confer jurisdiction under the long-arm statute

  7. Arrington v. N Y Times Co.

    55 N.Y.2d 433 (N.Y. 1982)   Cited 324 times
    Finding the newsworthiness exception met when defendant published an article on the expanding black middle class featuring the plaintiff's image even though plaintiff had no prior knowledge that his photograph had been taken

  8. Messenger v. Gruner + Jahr Printing & Publishing

    94 N.Y.2d 436 (N.Y. 2000)   Cited 124 times
    Holding that no appropriation claim may lie where “plaintiff's photograph is used to illustrate a newsworthy article”

  9. Martin v. Daily News L.P.

    121 A.D.3d 90 (N.Y. App. Div. 2014)   Cited 63 times
    In Martin, the court determined that the fair and true reporting privilege did not apply where the Daily News wrote that the plaintiff, a judge, was hearing a multimillion-dollar case brought by an attorney who had previously represented him.

  10. Hart v. Elec. Arts, Inc.

    717 F.3d 141 (3d Cir. 2013)   Cited 62 times   20 Legal Analyses
    Holding that “the NCAA Football ... games at issue in this case do not sufficiently transform [student-athletes'] identit[ies] to escape right of publicity claim”

  11. Section 51 - Action for injunction and for damages

    N.Y. Civ. Rights Law § 51   Cited 552 times   12 Legal Analyses
    Affording cause of action for commercial use of name or picture without prior written consent

  12. Section 50 - Right of privacy

    N.Y. Civ. Rights Law § 50   Cited 519 times   8 Legal Analyses

    A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor. N.Y. Civ. RightsLaw § 50