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Friday, November 03, 2006

Ind. Law - "Hoosiers' tactic to squeeze O.J. Simpson defeated"

Updating this Sept. 5th ILB entry headed "Indy law firm files action in Calif. on behalf of Fred Goldman, involving O.J.Simpson," and this one from Oct. 19th quoting an AP story that began "A judge on Tuesday tentatively rejected a lawsuit seeking the publicity rights to O.J. Simpson’s name, image and likeness to pay millions of dollars owed to relatives of his slain ex-wife and her friend," the online Indianapolis Star reports this morning, in a story headed "Hoosiers' tactic to squeeze O.J. Simpson defeated":

A California judge rejected a legal tactic dreamed up by two Indianapolis men designed to force O.J. Simpson to surrender control of his publicity rights in order to help satisfy a judgment in a wrongful death lawsuit.

Superior Court Judge Linda Lefkowitz tossed out Fred Goldman's petition, determining such a move would harm a living celebrity's privacy rights "which mitigate against court-enforced transfer of the (publicity) right to obtain commercial profit from his or her likeness."

Simpson's attorney praised the judge's decision. "There has never been a case in the U.S. where a judge has involuntarily taken somebody's identity rights," attorney Yale Galanter said in a telephone interview from Florida. "If she did, the Goldmans would be able to speak on behalf of O.J. Simpson. They'd be able to use his image without his approval."

Goldman's attorney said he was disappointed by the judge's ruling, which was issued Tuesday. "This is but another chapter in the long story of the Goldman family's search for justice against O.J. Simpson, a story that is far from over," attorney Jonathan Polak said, adding an appeal will be filed.

Polak and Hoosier colleague Karl Manders drafted the plan to obtain Simpson's publicity rights for Goldman. Manders is the owner of Indianapolis-based Continental Enterprises Inc., an intellectual property consulting company. Polak is director and chairman of the Intellectual Property Group at Indianapolis law firm Sommer Barnard.

Posted by Marcia Oddi on November 3, 2006 11:07 AM
Posted to Indiana Law