California Court of Appeal

Kirby v. Sega of America, Inc., B183820

In a case involving a character in a video game that celebrity plaintiff alleges misappropriated her likeness and identity, summary judgment for defendants, distributors of a video game, is affirmed as defendants' right of free expression under the First Amendment and the even greater speech protections afforded by the California Constitution, Article I, section 2, provide a complete defense to plaintiff's claims, and defendants are entitled to attorney fees.

Appellate Information

• Decided 09/25/2006
• Published 10/25/2006

Judges

• BOLAND, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Blecher & Collins, Maxwell M. Blecher and Courtney A. Palko, Los Angeles, for Appellant.


• For Appellees:
  
• Baker & McKenzie, Tod L. Gamlen, Keith L. Wurster, Palo Alto, and Christopher J. Keller, San Francisco, for Respondents Sega of America, Inc., AGETEC, Inc. and THQ, Inc.