Samsung Case

Brief of Case: White v. Samsung Electronics America, Inc.

1. Case Name, Citation, and Court
A & M Records v Napster, Inc.
239 F.3d 1004 (2001)
United States Court of Appeals, Ninth Circuit

2. severalise Facts
A.Napster, Inc ran a website that provided free software that allowed users to copy and transfer Mp3 files oer the internet.
B.Record industry firms sued Napster for copy good infringement
C.A robot svelte in a gown, wearing a wig and jewellery posed in what appeared to be a resemblance of the bike of Fortune game show set.
D.The robot was in a stance that Vanna White was famous for.
E.The court command in Vanna Whites favor, holding that the tort of appropriation doesnt need the use of a famous persons comparison or name.
F.The court held that the robot depicted in the Samsung Electronics, Inc advertisement left little interrogative sentence regarding the identity of the celebrity that it was intended to depict.

3.Issue
Is the appropriation of someones identity without consent considered an invasion of the right to privacy?

4.Holding
Yes.



The United States Court of Appeals of the ninth circuit govern that even though Vanna Whites name or exact likeness wasnt used in Samsung Electronics, Incs advertisement, the company left little doubt regarding the identity of the celebrity it was trying to and intended to make net from the advertisement without the permission of Vanna White herself. Upheld.

5.Courts Reasoning
A.The court ruled that the tort of appropriation doesnt require the use of a celebritys likeness or name.
B.Although the robot intended to depict White didnt give up her name or likeness, when viewed in the advertisement with the backdrop of a set resembling to Wheel of Fortunes, it left little doubt as to who the robot was supposed to depict.
C.The court also saw that Samsung Electronics, embodied intended to reap profits from the advertisement without any innovation of seeking permission or compensating White...If you want to get a full essay, order it on our website: Orderessay



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