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<b>False Endorsement; Right of Publicity</b>

By ALM Staff | Law Journal Newsletters |
December 28, 2006

The U.S. District Court for the District of New Jersey preliminarily enjoined further distribution and ordered the recall of the book 'Legit Baller,' which features an allegedly unauthorized, prominent use of photographs of popular R&B singer/producer Marc Dorsey on its covers. But the court declined to order a recall of the defendant publisher's other books that included advertisements of 'Legit Baller.' Dorsey v. Black Pearl Books Inc., 06-2940(JAG).

Dorsey's claims include false endorsement under the federal Lanham Act and violation of right of publicity under New Jersey common law. Dorsey, who previously hadn't authorized his image to endorse any product, contended he was receiving many comments from people asking why he would associate himself with 'Legit Baller,' criticized by the New York Times in an article titled 'Their Eyes Were Reading Smut.' Pearl Books also used Dorsey's image in advertising pamphlets and on its Web site.

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