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Single-Publication Rule Applies to Publicity Claim
In a limited victory for publishers, the California Supreme Court ruled on Aug. 17 that the state's single-publication rule applies to the tort of appropriation of likeness. Christoff v. Nestl' USA, Inc., S155242. The ruling came in the case of a model who said Nestle USA used his face ' without his knowledge ' to sell Taster's Choice instant coffee for years.
The model had won $15.6 million at trial, but the supreme court sent the case back to determine whether his claim is barred by the statute of limitations. “We decline to resolve this important issue without the benefit of a sufficient factual record that reveals the manner in which the labels were produced and distributed, including when production of the labels began and ceased,” ruled Justice Carlos Moreno, writing for the unanimous court.
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