United States Ninth Circuit

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Milton H. Greene Archives, Inc. v. Marilyn Monroe LLC, 08-56471

In plaintiffs' suit claiming ownership of Marilyn Monroe's right of publicity and alleging that defendant was violating their rights by using the actress's image and likeness for unauthorized commercial purposes, district court's grant of summary judgment in favor of the defendant in concluding that the plaintiff did not own the actress's right of publicity because at the time of the actress's death in 1962, the states of New York and California did not recognize a descendable, posthumous right of publicity, is affirmed, as because the executors consistently represented during the probate proceedings and elsewhere that actress was domiciled in New York at her death to avoid payment of California estate taxes, defendants are judicially estopped from asserting California's posthumous right of publicity.

Appellate Information

  • Decided 08/30/2012
  • Published 08/30/2012



  • United States Ninth Circuit