Cairns
Cairns v. Franklin Mint Co.
Opinion
Opinion
Cooper, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFFS’ MOTION FOR SUMMARY ADJUDICATION ON DEFENDANTS’ AFFIRMATIVE DEFENSES
I. Introduction
Plaintiffs are the executors of the Estate of Diana, Princess of Wales (the “Estate”), and the trustees of the Diana, Princess of Wales Memorial Fund (the “Fund”). Defendants sell jewelry, commemorative plates, sculptures and dolls depicting Princess Diana. Plaintiffs asserted claims against all defendants for (1) false endorsement under 15 U.S.C. § 1125 (a); (2) federal trademark dilution under 15 U.S.C. § 1125 (c); (3) infringement of California’s statutory right of publicity; (4) false advertising under 15 U.S.C. § 1125 (a); and (5) unfair competition and false advertising under California Code § 17200. Additional facts will be discussed as necessary below. A detailed recitation of the factual and procedural background of this case is found in this Court’s order of October 16, 1998, published at Lord Simon Cairns, et al. v. Franklin Mint, 24 F.Supp.2d 1013, 1021-1022 (C.D.Cal.1998).
Plaintiffs’ third claim for relief was dismissed by this Court on October 18, 1998. Defendants have moved for summary adjudication of…