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.