Plaintiff neither consented to the ads nor was paid

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Wheel of Fortune game board. Plaintiff neither consented to the ads nor was paid. Plaintiff sued Defendant for: (1) California Civil Code section 3344, (2) the California common law right of publicity; and (3) the Lanham Act. The district court granted summary judgment against Plaintiff on each of her claims. Plaintiff appealed. Issue. Is the “appropriation” of a person’s “identity” without consent an invasion of the right to privacy? Gruen v. Gruen (Prop Duke C 2) Citation. 68 N.Y.2d 48, 505 N.Y.S.2d 849, 496 N.E.2d 869 (1986)
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Brief Fact Summary. The Plaintiff, Michael Gruen (Plaintiff), commenced an action seeking a declaration that he is the rightful owner of a painting that his now deceased father had given to him, despite the fact that he never retained possession of the painting. Facts. The Plaintiff brings an action against the Defendant, Kemija Gruen (Defendant), his stepmother seeking a declaration that he is the rightful owner of a painting by Gustav Klimt. The Plaintiff asserts that his now deceased father wrote him a letter stating that he was giving the Plaintiff the painting for his birthday, but he, the father, wished to retain possession of it during his lifetime. This letter is not in evidence, as it was destroyed per the father’s instructions. Two other letters exist declaring the father’s
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