In prior cases, the Ninth Circuit Court of Appeals had broadly construed California's right of publicity law. The term "likeness" was held to encompass a robot which caricatured Vanna White's features. (The robot wore a blonde wig, and was turning letters on what looked like a "Wheel of Fortune" set). Although the free speech principles of the United States Constitution would allow parody of Vanna White, Samsung Electronics wasn't just doing a parody for amusement or entertainment. It was using the Vanna-robot to sell Samsung products.
Samsung lost. I think this is a terrible decision. There is a line here, but Samsung didn't cross it. Wendt v. Host International@Everything2.com |