Samsung Case Essay

375 Words2 Pages
Brief of Case: White v. Samsung Electronics America, Inc. 1. Case Name, Citation, and Court A & M Records v Napster, Inc. 239 F.3d 1004 (2001) United States Court of Appeals, Ninth Circuit 2. Key Facts A. Napster, Inc ran a website that provided free software that allowed users to copy and transfer Mp3 files over the internet. B. Record industry firms sued Napster for copyright infringement C. A robot dressed in a gown, wearing a wig and jewelry posed in what appeared to be a resemblance of the Wheel of Fortune game show set. D. The robot was in a stance that Vanna White was famous for. E. The court ruled in Vanna White's favor, holding that the tort of appropriation doesn't need the use of a celebrity's likeness or name. F. The court held that the robot depicted in the Samsung Electronics, Inc advertisement left little doubt regarding the identity of the celebrity that it was intended to depict. 3.Issue Is the appropriation of someone's identity without consent considered an invasion of the right to privacy? 4.Holding Yes. The United States Court of Appeals of the ninth circuit ruled that even though Vanna White's name or exact likeness wasn't used in Samsung Electronics, Inc's advertisement, the company left little doubt regarding the identity of the celebrity it was trying to and intended to make profits from the advertisement without the permission of Vanna White herself. Upheld. 5.Court's Reasoning A. The court ruled that the tort of appropriation doesn't require the use of a celebrity's likeness or name. B. Although the robot intended to depict White didn't bear her name or likeness, when viewed in the advertisement with the backdrop of a set resembling to Wheel of Fortune's, it left little doubt as to who the robot was supposed to depict. C. The court also saw that Samsung Electronics, Incorporated intended to

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