Contact Us Today! (877) 276-5084

Attorney Steve® Blog

Right of pulbicity case brief - Abdul Jabaar

Posted by Steve Vondran | Dec 17, 2022

Attorney Steve® IP case briefs - Abdul-Jabbar v. General Motors Corp. United States Court of Appeals for the Ninth Circuit 85 F.3d 407 (1996) 

Watch Attorney Steve® explain First Amendment Free Speech and exceptions


Introduction

Facts: Kareem Abdul-Jabbar, a professional basketball player, sued General Motors Corp. (GM) for using his likeness in an advertisement without his permission. The advertisement ran in various publications and depicted a GM car with Abdul-Jabbar's face and signature on the side of the car. Abdul-Jabbar claimed that GM had violated his right of publicity under California law. GM moved to dismiss the case, arguing that it was protected by the First Amendment.

Issue: Whether GM's use of Abdul-Jabbar's likeness in an advertisement is protected by the First Amendment.

BASKETBALL DUNK

Holding: No. The Ninth Circuit held that GM's use of Abdul-Jabbar's likeness in an advertisement was not protected by the First Amendment because it was not related to any protected speech or expression. The court reasoned that such use of an individual's likeness was not necessary to convey any message or idea and, therefore, was not protected by the First Amendment.

Rationale: The court noted that the First Amendment protects speech and expression, not commercial use of an individual's likeness. The court also noted that the advertisement was not related to any protected speech or expression, and thus, GM's use of Abdul-Jabbar's likeness was not protected by the First Amendment. The court concluded that Abdul-Jabbar's right of publicity was violated when GM used his likeness in the advertisement without his permission.

Contact a California Right of Publicity Attorney

Vondran Legal® settled an ROP case against one of the biggest manufacturers in the the world and one of the largest law firms.  Call us if you feel your rights have been violated, or if your company is being sued for a right of publicity violation.  We can be reached at (877) 276-5084 or fill out our contact form.

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

Contact us for an initial consultation!

For more information, or to discuss your case or our experience and qualifications please contact us at (877) 276-5084. Please note that our firm does not represent you unless and until a written retainer agreement is signed, and any applicable legal fees are paid. All initial conversations are general in nature. Free consultations are limited to time and availability of counsel and will depend on the type of case you are calling about (no free consultations for other lawyers). All users and potential clients are bound by our Terms of Use Policies. We look forward to working with you!
The Law Offices of Steven C. Vondran, P.C. BBB Business Review

Menu