Avvo’s Lawyers in the News.
1. High five! Manhattan Judge Loretta Preska dismissed a “Borat” case this week. Jeffrey Lemerond, who is represented by Eric Hecker, filed a case agains 20th Century Fox, suing the company for being randomly accosted and hugged on a mid-town street. He was shown (visibly frightened) for 13 seconds in the movie and briefly in the trailer. Lemerond argued that his image was used without consent. The judge concluded that the movie “appeals to the most childish and vulgar in its viewers” but does make an effort to offer a critique of American society. Very Nice!
2. This week District Court Judge Margaret Morrow ruled that blonde bombshell Marylin Monroe was a New Yorker, meaning, she has no right to publicity. Marilyn’s estate, represented by Martin Pollner, argued that she resided in California, where publicity survives a celebrity’s death. This ruling means that the sellers of Monroe memorabilia will be able to use the stars images without having to pay a fee to her estate. Monroe owned a home in California because she traveled there so frequently, however, she told California tax authorities she was a New York resident. Surjit Soni, who represents the photographers who filed this suit, says “you will see a great deal more Marilyn-related products, and they will be lower in price.”
3. Time to change the channel