Cairns

Cairns v. Franklin Mint Co.

Good Law
292 F.3d 1139·2002 WL 1333598
United States Court of Appeals for the Ninth CircuitJune 19, 2002Nos. 00-56217, 00-56796California8,875 words

Opinion

Lead Opinion

Pregerson, J.

Plaintiffs-Appellants are the trustees of the Diana Princess of Wales Memorial Fund (“the Fund”) and the executors of the Estate of Diana, Princess of Wales (“the Estate”). We will refer to them collectively as “the Fund.” The Fund brought several state and federal claims against Defendant-Appellee Franklin Mint. The Fund based these claims on Franklin Mint’s use of the name and likeness of the late Princess Diana on commercially sold jewelry, plates, and dolls, and in advertisements for these products. The Fund appeals three holdings by the District Court: (1) the District Court’s denial of the Fund’s motion to reinstate its dismissed post-mortem right of publicity claim under California Civil Code § 3344.1(a)(1); (2) the District Court’s grant of summary judgment in favor of Franklin Mint on the Fund’s Lanham Act claim for false endorsement under 15 United States Code § 1125 (a)(1); and (3) the District Court’s award of attorneys’ fees to Franklin Mint. We have jurisdiction under 28 United States Code § 1291 , and we affirm.

1. Factual and ProCedural Background

Since 1981, when Princess Diana married Prince Charles, Franklin Mint has produced, advertised, and sold collectibles…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.