Shaw Family Archives v. CMG Worldwide PDF

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Trust & Estates 2019 Fall course; Casebook: Dukiminier - Case Brief and Lecture Notes...

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SHAW FAMILY ARCHIVES v. CMG WORLDWIDE United States District Court, Southern District of New York, 2007 486 F. Supp. 2d 309 FACTS: Parties: Appellant: Appellee: Procedural History:  Relevant Facts: 

Marketers of merchandise using the name, photograph, image, and likeness of a deceased celebrity sued, with others, the purported holder of the celebrity's postmortem publicity rights and a related corporation, seeking declaratory relief. The action was subsequently consolidated with state court suits filed by the defendants regarding the same intellectual property rights

ISSUE: 

Whether any postmortem right of publicity in the celebrity could not have been passed through the residuary clause in her will

PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT:  RULE OF LAW:  HOLDING: 

Any postmortem right of publicity in the celebrity could not have been passed through the residuary clause in her will

COURT’S REASONING:  CONCURRING OPINION:  DISSENTING OPINION: ...