MICHAELS V. INTERNET ENTERTAINMENT GROUP, INC. 5 F.Supp.2d 823 (1998) CASE BRIEF

MICHAELS V. INTERNET ENTERTAINMENT GROUP, INC.

5 F.Supp.2d 823 (1998)

NATURE OF THE CASE: Michaels (P) filed a motion for a preliminary injunction to enjoin Internet (Ds) from disseminating a videotape depicting P having sexual intercourse in which P claimed a copyright, alleging copyright infringement, violation of the right to privacy, and violation of the California common law and statutory right to publicity.

FACTS: P and the intervenor, Pamela Anderson Lee ('Lee') (collectively Ps), asked for a preliminary injunction to prevent dissemination of a videotape in which Ps claim a copyright. Ds are currently prohibited by a TRO, issued February 27, 1998. Ps recorded the Tape, which depicts them having sex. On December 31, 1997, P received a letter from D claiming that D had acquired the Tape and all rights necessary to publish the Tape. P had not authorized any distribution of the Tape, and notified D that any publication of the Tape would violate P's copyright therein, as well as his common law and statutory rights to privacy and publicity involving his name and likeness. The letter included a demand that D cease and desist from attempts to disseminate or exploit the P filed this action on January 23, 1998, alleging five claims: (1) copyright infringement against D; (2) false designation of origin under the Lanham Act against D; (3) state-law invasion of privacy based on publicity of the Tape over Westwood One's radio affiliates against all Ds; (4) violation of the California common law right of publicity against all Ds; and (5) violation of the California statutory right of publicity under California Civil Code section 3344 against all Ds. P included a sixth cause of action which is a prayer for injunctive relief on all claims. The court granted a TRO. That TRO was extended with Ds' consent until the Court ruled on the preliminary injunction. The court addressed the preliminary injunction.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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