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CA Supreme Court Considers Publicity Publication Rule

By Mike McKee
June 29, 2009

Former male model Russell Christoff didn't think much of it when a woman standing in line with him at a Home Depot store in May 2002 told him he looked just like the guy on her coffee jar. But two months later, Christoff was startled when he, indeed, saw his picture on a jar of Taster's Choice in a Rite-Aid store. The photo had been taken at a photo shoot in Canada 16 years earlier and Christoff had all but forgotten about it.

Christoff's lawyer, Colin Claxon of San Rafael, recently went before the California Supreme Court to argue that Nestle USA Inc., the maker of Taster's Choice, owes his client millions of dollars in damages for using Christoff's image without the plaintiff's consent. Christoff v. Nestle USA Inc., S155242.

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