I’m working on a Law question and need guidance to help me study.
This assignment is designed to build your Lexis familiarity and to give you some introduction to the Intellectual Property field and some of its more high profile applications.
In White v. Samsung Electronics, 1992 U.S. App. LEXIS 19253 (9th Cir. 1992), Wheel of Fortune hostess Vanna White sued Samsung for running a commercial that was, in part, based on her, and used something resembling her likeness. In a dissenting opinion, a judge makes the following remark:
“Saddam Hussein wants to keep advertisers from using his picture in unflattering contexts. Clint Eastwood doesn’t want tabloids to write about him. Rudolf Valentino’s heirs want to control his film biography. The Girl Scouts don’t want their image soiled by association with certain activities. George Lucas wants to keep Strategic Defense Initiative fans from calling it “Star Wars.” Pepsico doesn’t want singers to use the word “Pepsi” in their songs. Guy Lombardo wants an exclusive property right to ads that show big bands playing on New Year’s Eve. Uri Geller thinks he should be paid for ads showing psychics bending metal through telekinesis. Paul Prudhomme, that household name, thinks the same about ads featuring corpulent bearded chefs.”
For this assignment, I would like you to choose any three of the incidents referenced above (including the Vanna White case, if you so choose), and for each:
1) Briefly discuss the issue in the case;
2) Briefly discuss what intellectual property right was at issue; and
3) Explain what rule of law can be gleaned from the case.
The citations to all of the above scenarios can be gotten from the dissent, which was published separately at 989 F.2d 1512. To access that case, just copy and paste “989 F.2d 1512” into the “get a document” by citation feature on Lexis.
IRAC-style essays are *NOT* necessary for this assignment.