context: First, the Court finds nothing in the text of the statute or in case law that supports Defendant's interpretation of SS 3344 as requiring a plaintiff pleading economic injury to provide proof of preexisting commercial value and efforts to capitalize on such value in order to survive a motion to dismiss. The plain text of SS 3344 provides simply that "[a]ny person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner ... for purposes of advertising or selling ... without such person's consent ... shall be liable for any damages sustained by the person or persons injured as a result thereof." Consistent with this reading, at least one court has suggested, after surveying California court decisions, that "courts generally presume that the fourth element of the applicable test has been established if there is sufficient evidence to prove the first three elements."
citation_a.signal: see
citation_a.identifier: 157 F.3d 686, 693
citation_a.parenthetical: holding that former major-league baseball player "was injured because he was not compensated for the use of his likeness"
citation_a.sentence: See, e.g., Solano v. Playgirl, Inc., 292 F.3d 1078, 1090 (2002) (holding that actor who was featured on the cover of an adult magazine without his consent could assert injury because “the measure of damages available for misappropriation claims includes the economic value of the use of an individual’s name and likeness,” and “[sjection 3344 specifically provides that a plaintiff may recover ‘any profits from the unauthorized use’ in addition to actual damages or the $750 minimum statutory damage amount and punitive damages” (internal citations omitted)); Newcombe v. Adolf Coors Co., 157 F.3d 686, 693 (9th Cir.1998) (holding that former major-league baseball player “was injured because he was not compensated for the use of his likeness”).
citation_b.signal: no signal
citation_b.identifier: 2008 WL 4414514, at *6
citation_b.parenthetical: presuming that injury was satisfied for purposes of a SS 3344 claim seeking only minimum statutory damages, where plaintiff established use of non-celebrity models' identity, appropriation of their name or likeness to defendant's advantage, and lack of consent
citation_b.sentence: Del Amo v. Baccash, No. CV 07-663-PSG, 2008 WL 4414514, at *6 (C.D.Cal. Sept. 16, 2008) (presuming that injury was satisfied for purposes of a § 3344 claim seeking only minimum statutory damages, where plaintiff established use of non-celebrity models’ identity, appropriation of their name or likeness to defendant’s advantage, and lack of consent). Indeed, in cases involving celebrity plaintiffs, the mere allegation that the plaintiff was not compensated has been deemed sufficient to satisfy the injury prong.