Misappropriation Of Likeness: “People Will Stare. Make It Worth Their While.” Harry Winston.

Plaintiff is a company that specializes in the protection of personal image rights, and is the assignee of two models who are not parties to the action. Plaintiff sued defendant for common law and statutory misappropriation of likeness based on defendant’s unauthorized display of the models’ images in connection with advertising cosmetic medical services. The trial court granted defendant’s judgment on the pleadings, ruling a cause of action for misappropriation of likeness is not assignable. The appellate court reversed, stating, “We conclude a misappropriation of likeness claim, which concerns only the pecuniary benefits derived from the commercial exploitation of a person’s likeness, is assignable.” (Timed Out, LLC v. Youabian, Inc. (Cal. App. Second Dist., Div. 3; September 12, 2014) 229 Cal.App.4th 1001, [177 Cal.Rptr.3d 773].)