context: . In fact, a number of courts have applied SS 43(a) to claims brought by an estate or assignees of a deceased celebrity.
citation_a.signal: see
citation_a.identifier: 513 F.Supp. 1339, 1376
citation_a.parenthetical: concluding facts supporting finding of likelihood of success regarding likelihood of confusion also supported SS 43(a
citation_a.sentence: See Estate of Presley v. Russen, 513 F.Supp. 1339, 1376 (D.NJ.1981) (concluding facts supporting finding of likelihood of success regarding likelihood of confusion also supported § 43(a) claims brought by Elvis Presley’s estate); Hicks v. Casablanca Records, 464 F.Supp. 426, 433 (S.D.N.Y.1978) (assuming without comment that estate and assignees of Agatha Christie could bring § 43(a) claim but dismissing the false endorsement claim because there was no likelihood of confusion); Cheever v. Academy Chicago, Ltd., 690 F.Supp. 281, 288 (S.D.N.Y.1988) (noting no apparent impediment to author John Cheever’s survivors’ § 43(a) claims and commenting that potential financial motive would not undermine claim based on literary reputation of deceased); Museum Boutique Intercontinental, Ltd. v. Picasso, 880 F.Supp. 153, 166 (referring to unpublished related case involving Lanham Act false endorsement claims brought by Picasso heirs and estate); but see Robles v. Deutsch Advertising, Inc., 1997 WL 266976 (S.D.N.Y.1997) (affirming discovery order denying access to defendants' financial information because defendants’ belief that plaintiff-actor was deceased or had signed away his rights to film meant defendants’ use of film clips was not in bad faith or done with malice that would support award of profits and attorneys’ fees on § 43(a) false endorsement claim).
citation_b.signal: but see
citation_b.parenthetical: affirming discovery order denying access to defendants' financial information because defendants' belief that plaintiff-actor was deceased or had signed away his rights to film meant defendants' use of film clips was not in bad faith or done with malice that would support award of profits and attorneys' fees on SS 43(a
citation_b.sentence: See Estate of Presley v. Russen, 513 F.Supp. 1339, 1376 (D.NJ.1981) (concluding facts supporting finding of likelihood of success regarding likelihood of confusion also supported § 43(a) claims brought by Elvis Presley’s estate); Hicks v. Casablanca Records, 464 F.Supp. 426, 433 (S.D.N.Y.1978) (assuming without comment that estate and assignees of Agatha Christie could bring § 43(a) claim but dismissing the false endorsement claim because there was no likelihood of confusion); Cheever v. Academy Chicago, Ltd., 690 F.Supp. 281, 288 (S.D.N.Y.1988) (noting no apparent impediment to author John Cheever’s survivors’ § 43(a) claims and commenting that potential financial motive would not undermine claim based on literary reputation of deceased); Museum Boutique Intercontinental, Ltd. v. Picasso, 880 F.Supp. 153, 166 (referring to unpublished related case involving Lanham Act false endorsement claims brought by Picasso heirs and estate); but see Robles v. Deutsch Advertising, Inc., 1997 WL 266976 (S.D.N.Y.1997) (affirming discovery order denying access to defendants' financial information because defendants’ belief that plaintiff-actor was deceased or had signed away his rights to film meant defendants’ use of film clips was not in bad faith or done with malice that would support award of profits and attorneys’ fees on § 43(a) false endorsement claim).