AINSWORTH V. CENTURY SUPPLY COMPANY
693 N.E.2d 510 (1998)
NATURE OF THE CASE: Ainsworth (P) appealed a dismissal of his complaint against Century
(D) for appropriating P's likeness in a TV commercial.
FACTS: D created a videotape that instructs customers how to install ceramic tile. D
asked P for permission to videotape him installing tile in a home. P consented to appear in
the video. The video was completed and D began providing it to the public. The television
commercial contained blank space into which short bits of videotape could be inserted, thus
creating a number of different versions of the television commercial. One of the inserts was
taken from the instructional video in which P participated. The television commercial with
P's image was aired a number of times. P complained about his appearance in D's television
commercial. D asserted that it called TCI (D) and requested that the commercial be
discontinued. P sued Ds for infringement to his right of publicity; invasion of privacy by
appropriating his likeness; and for the establishment of a constructive trust and an
accounting. TCI (D) filed a motion to dismiss plaintiff's claim. The trial court agreed and
dismissed count V of P's complaint. D filed a motion for summary judgment alleging that P's
consent to appear in the instructional video extended to the commercial and that P did not
incur damages. The trial court held that P did not sustain actual damages and the lack of
evidence of malice or reckless indifference to P's rights precluded an award of punitive
damages. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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