Brasel v. Hair Co.
Docket Number: | 2006-CA-02148-COA Linked Case(s): 2006-CA-02148-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 03-04-2008 Opinion Author: ISHEE, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | THE HAIR COMPANY AND ROFFLER INTERNATIONAL, LLC | DANA GAIL DEATON, EDWIN HUGHES PRIEST, CHRIS H. DEATON |
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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. |
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