Vanna White v. Samsung Electronics America, Inc. David Deutsch Associates

The panel has voted unanimously to deny the petition for rehearing. Circuit Judge Pregerson has voted to reject the suggestion for rehearing en banc, and Circuit Judge Goodwin so recommends. Circuit Judge Alarcon has voted to accept the suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed.R.App.P. 35.

The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED.

with whom . Circuit Judges O’SCANNLAIN and KLEINFELD join, dissenting from the order rejecting the suggestion for rehearing en banc.

I

Saddam Hussein wants to keep advertisers from using his picture in unflattering contexts. 1 Clint Eastwood doesn’t want tabloids to write about him. 2 Rudolf Valentino’s heirs want to control his film biography. 3 The Girl Scouts don’t want their image soiled by association with certain activities. 4 George Lucas wants to keep Strategic Defense Initiative fans from calling it “Star Wars.” 5 Pepsico doesn’t want singers to use the word “Pepsi” in their songs. 6 Guy Lombardo wants an exclusive *1513 property right to ads that show big bands playing on New Year’s Eve. 7 Uri Geller thinks he should be paid for ads showing psychics bending metal through telekinesis. 8 Paul Prudhomme, that household name, thinks the same about ads featuring corpulent bearded chefs. 9 And scads of copyright holders see purple when their creations are made fun of.

Something very dangerous is going on here. Private property, including intellectual property, is essential to our way of life. It provides an incentive for investment and innovation; it stimulates the…

989 F.2d 1512 26 U.S.P.Q.2d 1362 , 21 Media L. Rep. 1330 Vanna WHITE, Plaintiff-Appellant, v. SAMSUNG ELECTRONICS AMERICA, INC.; David Deutsch Associates, Defendants-Appellees. No. 90-55840. United States Court of Appeals, Ninth Circuit. March 18, 1993. Prior report: 971 F.2d 1395 . Before GOODWIN, PREGERSON and ALARCON, Circuit Judges. 1 The panel has voted unanimously to deny the petition for rehearing. Circuit Judge Pregerson has voted to reject the suggestion for rehearing en banc, and Circuit Judge Goodwin so recommends. Circuit Judge Alarcon has voted to accept the suggestion for rehearing en banc. 2 The full court has been advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed.R.App.P. 35. 3 The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED. 4 KOZINSKI, Circuit Judge, with whom Circuit Judges O'SCANNLAIN and KLEINFELD join, dissenting from the order rejecting the suggestion for rehearing en banc. 5 * Saddam Hussein wants to keep advertisers from…