Downing

Appellants brought this diversity action against Abercrombie and Fitch (“Aber-crombie”) for publishing a photograph of them, with identification of their names, for Abercrombie’s commercial benefit without the Appellants’ authorization. They allege a violation of California’s common law and statutory prohibition against misappropriation of a person’s name and likeness for commercial purposes, a violation of the Lanham Act for confusion and deception indicating sponsorship of Aber-crombie goods, and a claim for negligence and defamation. The district court entered summary judgment for Abercrom-bie, holding that their California state claims were foreclosed because Abercrom-bie’s use of the photograph was protected by the First Amendment, and those claims were also preempted by the federal Copyright Act; that Hawaii law was the proper choice of law for some of these claims; that'the Lanham Act claim was precluded by the First Amendment and it was also precluded by the nominative fair use doctrine; and that there was insufficient evidence to sustain the negligence or defamation claims. The district court had jurisdiction under 28 U.S.C. § 1332 , and we have appellate jurisdiction…