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Bit Parts

By Stan Soocher
February 26, 2009

False Endorsement/No Preemption

The U.S. District Court for the Central District of California ruled that musician Jose Estrada's right-of-publicity claims under California common law and Calif. Civ. Code '3344 over the unauthorized use of his recording of his song “La Bamba” in a TV commercial and a TV program weren't preempted by the Copyright Act. Estrada v. Toyota Motor Sales U.S.A. Inc., CV 08-05992 GAF. “Indeed, the crux of Estrada's allegations is the false message, i.e., false endorsement, that the commercial engendered, not merely the reproduction and distribution of the song,” the district court noted in part. The court found, however, that Estrada must amend his '3344 claim to allege the defendants' “knowing use” and a “direct connection” of the use with the commercial purpose. The district court also ruled that Estrada, known as “Skeey,” could proceed with a false endorsement claim under '43(a) of the Lanham Act over the use of “La Bamba,” which he describes as his “signature song.”

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