White v. Samsung Electronics America, Inc. — Quick Summary

White v. Samsung Electronics America, Inc.

White v. Samsung Electronics America, Inc., 971 F.2d 1395 (9th Cir. 1992)

In Brief

The case of White v. Samsung Electronics America, Inc.

Key Issue

Does the use of a robot styled after Vanna White in a commercial advertisement constitute a violation of her right of publicity?

The Rule

The right of publicity protects against the unauthorized commercial use of a person's identity, a concept which has been broadened to include not only the direct use of a person's name or likeness but also other indicia that evoke the person’s identity.

Bottom Line

The Ninth Circuit Court held that Samsung Electronics violated Vanna White's right of publicity by using a robot that was immediately recognizable as an evocation of her identity in its advertisement.

Why It Matters

This case is critical for law students because it expands the legal understanding of the right of publicity beyond mere name or image. It sets a precedent for protecting celebrity identity, recognizing that other elements like style, context, and recognizable traits can amount to unauthorized use. This broadened interpretation has implications for future cases involving parody, satire, and the depiction of public figures, highlighting the need for careful consideration of creative elements used in advertising and media.

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