Delaware
How Bishop v. State of North Carolina applies in Delaware: state-specific rules, key cases, and bar exam notes for Torts.
Delaware courts acknowledge the tort of appropriation of name or likeness as established in Bishop v. State of North Carolina. The state requires a demonstration of both unlawful appropriation and resultant harm to the plaintiff.
In Delaware, a plaintiff must prove that the defendant used their likeness for a commercial purpose without consent, resulting in damage to the plaintiff.
The court held that a teacher's photo used in a promotional brochure without consent constituted unauthorized appropriation.
This case reinforced the requirement that use of an individual’s likeness must be for advertising or trade to meet the threshold for appropriation claims.
The ruling determined that the use of a student’s image in a yearbook constituted a non-commercial appropriation, thus not reaching the threshold for tort.
Delaware's approach is generally aligned with federal standards for appropriation, emphasizing the need for commercial use and consent. However, Delaware courts may offer more extensive remedies in cases of emotional harm connected to the appropriation.
Understanding the nuances of appropriation in Delaware is crucial for tort exam scenarios and could be a key focus in the bar exam.