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H - L, P: Scheetz v. The Morning Call, 946 F.2d 202 Walker v. Pearl S. Buck Foundation, 1996 U.S. Dist. LEXIS 17927 - Essay Example

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Subject: Case Review and Principles Governing Application of Privacy Related Torts The case number 09-614, AFL Philadelphia LLC and Jon Bongiovi, the Plaintiff, vs. Joseph E. Krause, the Defendant, was argued from March, 25 and decided on June, 4 2009…
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H - L, P: Scheetz v. The Morning Call, 946 F.2d 202 Walker v. Pearl S. Buck Foundation, 1996 U.S. Dist. LEXIS 17927
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Extract of sample "H - L, P: Scheetz v. The Morning Call, 946 F.2d 202 Walker v. Pearl S. Buck Foundation, 1996 U.S. Dist. LEXIS 17927"

Download file to see previous pages From the case’s details, the email aimed at communicating to the fans who had bought the tickets of an upcoming match that it had been cancelled. However, the email was met with a fury, which was, asserted in the countersuit, as having been directed to the perceived sender of the email, Joseph Krause. The defendant did not send the email and had nothing to do with informing the fans that a match had been cancelled, and had not authorized or allowed the AFC Philadelphia to use his email address (Baylson 1). The Plaintiff had sued the defendant for trademark violation, copyright violation, false advertising and unjust enrichment. The defendant asserted claims under the Lanham Act. The court ruled that the defendant adequately pled the counterclaim and denied the plaintiff’s motion to dismiss the counterclaim. Case number 81-1415, Christina McCabe, the plaintiff, vs. The Village Voice, Inc., et al, the defendant, was argued from April 10, 1981 and decided on November 1, 1982. The plaintiff, Christina McCabe, claimed for damages for defamation and assault of privacy. The Village Voice, a weekly newspaper, published a nude picture of McCabe, which had been taken by Donald Herron in her bathtub. This issue published pictures of other people with most of them partially or totally nude. McCabe had not met Herron before the day that he took her the picture. However, when she was introduced to the photographer, she accepted to be photographed by him. She however, did not say anything when the photographer said that he would use the photograph in the publication of a book. Herron then contacted The Village Voice and enquired whether they would be interested in publishing his work. The plaintiff claimed damages of $7, 000, 000 for defamation and annexation of her privacy. This claim of infringement of privacy had two different claims with distinct constituents: publicity given to private facts and privacy placing an individual in a false light. In this case, the court granted the defendant’s motion for summary judgment on the libel and false light claims and denied the motion as to the publishing of private details prerogative. In the AFL Philadelphia vs. Krause, the court permitted Krause’s Lanham Act and misappropriation entitlements to proceed. Before dealing with the substantive aspects of Krause’s trademark violation prerogative, the court had to determine whether Krause had “prudential standing” convey the Lanham Act prerogative. The court principally depended on the five-factor test expressed in Conte Bros. Auto, Inc, vs. Quaker State-Slick 500, Inc. (1998). These factors include: 1) the nature of the alleged damage on the plaintiff, 2) the directness of the indirectness of the claimed damage, 3) the propinquity of inaccessibility of the plaintiff to the asserted injurious conduct, 4) the degree of assumption of the injury claim, and 5) the risk of replicative damages. All the factors were viewed equally, with none viewed as influential (Baylson 1). While knowing “the nature of Krause’s damage was to some degree inaccessible from the harm that congress sought to protect in the Lanham Act”, the court concluded that Krause’s imploring justified prudential standing since the Act safeguards an individual from injury to his or her commercial status and goodwill. In light of this, the court established that the plaintiff had sidetracked some of their reputational injury to Defendant by relating him with their engagements. The court rejected ...Download file to see next pagesRead More
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