Timed Out, LLC v. Youabian, Inc.

INTRODUCTION

Plaintiff Timed Out, LLC (Plaintiff), as the assignee of two models who are not parties to this action (the Models), sued defendants Youabian, Inc., and Kambiz Youabian (Defendants) for common law and statutory misappropriation of likeness based on Defendants’ alleged unauthorized display of the Models’ images in connection with advertising Defendants’ cosmetic medical services. The trial court ruled a cause of action for misappropriation of likeness is not assignable and granted Defendants’ motion for judgment on the pleadings on that basis. We conclude a misappropriation of likeness claim, which concerns only the pecuniary benefits to be derived from the commercial exploitation of a person’s likeness, is assignable. Accordingly, we reverse.

FACTS AND PROCEDURAL BACKGROUND

According to the complaint’s allegations, Plaintiff is a company that “specialize^] in the protection of personal image rights.” The Models are professional models who earn a living modeling and selling their images to companies for advertising products and services. In or about July 2011, the Models discovered Defendants had been using their images on Defendants’ Web site, without the…