Kirby

Kirby v. Sega of America, Inc.

Good Law
144 Cal. App. 4th 47·2006 Cal. App. LEXIS 1672·2006 Daily Journal DAR 14190·50 Cal. Rptr. 3d 607·35 Media L. Rep. (BNA) 1075
Court of Appeal of CaliforniaSeptember 25, 2006B183820California5,992 words

Opinion

Opinion

Boland, J.

SUMMARY

A celebrity sued distributors of a video game alleging that, in creating a character in the video game, the distributors misappropriated her likeness and identity in violation of state and federal law. The distributors moved for summary judgment asserting the First Amendment provided a complete defense to each of the celebrity plaintiff’s claims. The trial court agreed, granted the motions, and subsequently awarded the distributors mandatory attorney’s fees, as prevailing parties under Civil Code section 3344, subdivision (a). We affirm the judgment and remand for a determination regarding the amount of attorney’s fees.

FACTUAL AND PROCEDURAL BACKGROUND

From 1986 to approximately 1995, appellant Kierin Kirby, professionally known as “Lady Miss Kier,” “Miss Kier” or “Lady Kier” (hereafter, Kirby) was the lead singer of a retro-funk-dance musical group known as “DeeeLite” which was popular in the early 1990’s. Deee-Lite made five albums which were distributed and sold throughout the world. The band was best known for its song “Groove is in the Heart” from its first album released in 1990. The song’s music video, which received extensive airplay on MTV, features…

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