Brasel v. Hair Co.


<- Return to Search Results


Docket Number: 2006-CA-02148-COA
Linked Case(s): 2006-CA-02148-SCT

Court of Appeals: Opinion Link
Opinion Date: 03-04-2008
Opinion Author: ISHEE, J.
Holding: Affirmed

Additional Case Information: Topic: Invasion of privacy - Appropriation of one’s likeness for commercial gain
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE

Trial Court: Date of Trial Judgment: 11-17-2006
Appealed from: LEE COUNTY CIRCUIT COURT
Judge: Thomas J. Gardner
Disposition: MOTION FOR SUMMARY JUDGMENT GRANTED.
Case Number: CV04-166(G)L

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: DARIN BRASEL




JASON LEE SHELTON



 

Appellee: THE HAIR COMPANY AND ROFFLER INTERNATIONAL, LLC DANA GAIL DEATON, EDWIN HUGHES PRIEST, CHRIS H. DEATON  

Synopsis provided by:

If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals
hand downs please contact Tammy Upton in the MLI Press office.

Topic: Invasion of privacy - Appropriation of one’s likeness for commercial gain

Summary of the Facts: Darin Brasel sued The Hair Company and Roffler International, LLC for invasion of privacy, asserting that they had intentionally appropriated his likeness for commercial gain by taking photographs of him after he received a haircut at The Hair Company and by displaying those photographs on Roffler’s website. The Hair Company and Roffler filed for summary judgment. The circuit court initially denied their motion, but after they filed a motion to reconsider, the circuit court granted summary judgment in favor of The Hair Company and Roffler. Brasel appeals.

Summary of Opinion Analysis: In order to prevail on a claim based on appropriation of one’s likeness for commercial gain, a plaintiff must show that the defendant appropriated his name or likeness, without consent, for use in a commercial enterprise. In this case, Brasel consented to being photographed by McBunch without placing any limitations on how McBunch could use the photographs. These facts alone are enough to defeat Brasel’s claim for relief and to support a grant of summary judgment.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court