SOLANO V. PLAYGIRL, INC. 292 F.3d 1078 (9th Cir. 2002) CASE BRIEF

SOLANO V. PLAYGIRL, INC.

292 F.3d 1078 (9th Cir. 2002)

NATURE OF THE CASE: Solano (P) sued Playgirl (D) alleging false light and misappropriation of likeness in violation of Cal. Civ. Code 3344 and common law. D was granted summary judgment and P appealed.

FACTS: The January 1999 issue of D's magazine featured a cover photograph of P, best known for his role as 'Manny Gutierrez' on the syndicated television program 'Baywatch' from 1996 to 1999. P was shown shirtless and wearing his red lifeguard trunks, the uniform of his 'Baywatch' character, under a heading reading: 'TV Guys. PRIMETIME'S SEXY YOUNG STARS EXPOSED.' P did not appear nude in the magazine. P sued D, alleging it deliberately created the false impression that he did so, making it appear he was willing to degrade himself and endorse such a magazine. The district court granted D summary judgment. P failed to establish that D created a false impression. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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