Clausen Miller Secures Second Circuit Affirmance of Trademark Judgment
The United States Court of Appeal for the Second Circuit affirmed a judgment in favor of two nightclubs claimed to have made improper use of photos of 20 models in advertising. The plaintiffs alleged claims for false endorsement under the federal Lanham Act, violation of privacy/publicity rights under the New York Civil Rights Law, false or deceptive acts under the New York General Business Law, and defamation. The district court granted summary judgment in favor of the clubs with respect to all but one of the plaintiffs’ claims, and found damages in favor of the remaining plaintiff in the amount of $5,000. The Second Circuit affirmed on all grounds.
The case was reported by Law360 on June 29. Clausen Miller P.C. represented the defendants in both the district court and on appeal. Attorneys Thomas Jacobson and Don Sampen (argued) handled the appeal.