Prima v. Darden Restaurants, Inc.’s Empirical Analysis
2000
Citation profile
1 district · 1 state decisions
Relationships
Applies 15 U.S.C. § 1121 (§ 39 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 301 (§ 101 of the Copyright Act of 1976) · 28 U.S.C. § 1331 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1367
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Scheuer v. Rhodes · Klaxon Co. v. Stentor Electric Manufacturing Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Succinctly put, “[New Jersey’s] right of publicity signifies the right of an individual, especially a public figure or celebrity, to control the commercial value and exploitation of his name and picture or likeness and to prevent others from unfairly appropriating this value for commercial benefit.” McFarland v. Miller, 14 F.3d 912, 918 (3d Cir.1994) (citations omitted) quoted in Prima v. Darden Rest., 78 F.Supp.2d 337, 348 (D.N.J.2000); see also Jarvis v. A & M Records, 827 F.Supp. 282, 297 (D.N.J.1993) (“The right of publicity generally applies to situations where the plaintiffs name, reputation or accomplishments are highly publicized and the defendant used that fact to his or her advantage.”). Underlying this right is the theory that “a celebrity has the right to capitalize'on his persona, and the unauthorized use of that persona for commercial, gain violates fundamental notions of fairness and deprives the celebrity of some economic value in his persona.” Prima, 78 F.Supp.2d at 349 (citing McFarland, 14 F.3d at 919 ).... ””
1 later decision quote this exact passage · from the majority“the free use by its citizens of dead celebrities’ personas.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.