United States Ninth Circuit

Judgment after a jury trial on claims under the Lanham Act and Nevada State law regarding the use of Bob Marley images on apparel and other merchandise is affirmed, where: 1) denial of defendants' post-trial motion for judgment as a matter of law on a false endorsement claim was proper, as sufficient evidence supported the finding that defendants violated the Lanham Act, and allowing a plaintiff to vindicate a false endorsement claim based on the use of a deceased celebrity's persona essentially creates a federal right of publicity; 2) the district court did not abuse its broad discretion in determining the profits for three defendants, nor by ordering three defendants to pay attorneys' fees where plaintiffs were prevailing parties and the defendants' conduct was willful; 3) there was sufficient evidence to support the jury's finding that three defendants interfered with plaintiffs' prospective economic advantage; and 4) the district court did not err in granting defendants' motion for judgment as a matter of law on the issue of punitive damages.

Appellate Information

• Decided 02/20/2015
• Published 02/20/2015

Judges

• Smith

Court

• United States Ninth Circuit

Counsel