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Focus (Forum & Focus)

Oct. 23, 2007

Enumerating Liability

Focus Column - By David A. Gerber - A case coming before the Court of Appeal has the potential to drastically reshape how damages are awarded for infringements on "name and likeness" rights.

FOCUS COLUMN

By David A. Gerber

      Civil Code Section 3344 is the Golden State's "name and likeness" statute for living people. It offers a full array of remedies to individuals whose personae have been commercially misappropriated. Among other things, under Section 3344(a), "the person who violated this section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750)...

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