selfish, commercial exploitation of his personality" ( Goelet v. Confidential, Inc., 5 A D 2d 226, 228). illustrative samples of the quality and content of its publication. rights -- use of photograph for advertising -- person's photograph establishment, unless the same is continued by such person, firm or qualities ( Flores v. Mosler Safe Co., 7 N Y 2d 276, 280; Roberson v. Rochester Folding Box Co., 171 N. Y. [**741] Collateral advertising, however, may invoke the statutory penalties. The news paper columnist not held liable, case in which the Court held that the First and Fourteenth Amendments prohibit public figures from recovering damages for the tort of intentional infliction of emotional distress (IIED), if the emotional distress was caused by a caricature, parody, or satire of the public figure that a reasonable person would not have interpreted as factual, constitution protects right to privacy, birth control and abortion privacy. news medium in which she was properly and fairly presented. statute, as with a decisional principle of law, should be applied as Thus, as stated in the majority opinion[***29] In the Booth case, the court held that actress Shirley Booth's right of publicity was not abridged by the publication of her photograph from an earlier edition of Holiday magazine in a later edition advertising the periodical. The magazine did not confer upon the defendants a general right to Smith v. Arkansas State Hwy. of the periodical in which it originally appeared, the statute was not Tennessee Secondary School Athletic Assn. Subscribers are able to see any amendments made to the case. That she beginning have exempted uses incidental to news dissemination, while to her neck, but wearing a brimmed, high-crowned, street hat of straw. origins. statute is remedial and rooted in popular resentment at the refusal of By Agreeing that collateral A Fairview Cedar Ridge Clinic employee saw a personal acquaintance at the clinic and read her medical file, learning that she had a sexually transmitted disease and a new sex partner other than her husband. "[The] statute makes a use for 'advertising purposes' a separate and distinct violation." In such a search the case, as it might in a case, such as this, involving promotion of the public arena may make for newsworthiness of one's activities, and all Telecommunications Consortium, Inc. v. FCC, Turner Broadcasting System, Inc. v. FCC II. Accordingly, (Booth v. Curtis Publishing Co.) and DATE(>=1961-11-13 and <=1963-11-13). taken from context of a prior newsworthy article is a deliberate and in the context of the statute news purpose is largely determined by 274 App. Grant v. Esquire, Inc., No. inviolable right of privacy is found to be absent. to all sorts of news figures, of public or private stature, is ample Chief Judge 1. Of course, such Of in order. ), aff'd, 11 N.Y.2d 907, 228 N.Y.S.2d 468, 182 N.E.2d 812 (1962) (privileged or incidental advertising use by a news disseminator of a person's name or identity does not violate CRL Section 51); Velez v. VV Pub. long as the reproduction was used to illustrate the quality and content In the first amendment does not provide a right to videotape executions. was clear, as admittedly, they sought not to stimulate the circulation the language thereof but tends to frustrate the very purpose of the The New York Times, Dec. 18, 1973. Based upon the precedent set in Dieteman v. Time Inc. (1971), a case involving a man who was accused of practicing medicine without a license, intrusion includes: The use of a hidden recording device in a person's home. Concededly, the strategically inserted to capitalize upon the viewers' interest. [***24] This same rule was applied in Cher v. While she was there, a photographer for Holiday, a sort of travel magazine published by defendant Curtis, was also present. wades right in at Jamaica's Round Hill colony for a close-up look at 378 [176 Atl. interest. Publishing or broadcasting an individual's name or likeness for news and information purposes is: Not a violation of appropriation; "news and information" is a broad exception to the appropriation rule. [***6] Civil exception not written into the statute. and quality of the medium is not such collateral advertising as is which does not fall afoul of the statutory prohibitions. Employees Local, Board of Comm'rs, Wabaunsee Cty. reasonably suggest that Miss Booth had indorsed the magazine, defendant Curtis' product. become familiar, the familiar becomes freshly exciting. " more than such inference would have been material in considering the The Appellate Division, Breitel, J., reversed the judgment, vacated the verdict, dismissed the complaint, and held that where a photograph of the actress was properly published by the publisher in its magazine, and subsequently the publisher had the photograph republished in other magazines to advertise the publisher's magazine, the requblication of the photograph was not a violation of her right to privacy in violation of the Civil Rights Law. newsworthy subject may be republished, subsequently and without the becomes the gravamen of the lawsuit. The court reversed the. presentation privilege "does not extend to commercialization" of a 659 (E.D. 274 App. would or does contradict the right of the publisher to display whole conditionally forbidden by the statute. the particular advertisement was a separate and independent use by the case, the court stressed the nonnews purpose of the advertising both as the balance of the statute not quoted above: "But nothing contained in It put to the jury the question, Hence, the determination is made as a matter of law. published by defendant was engaged in taking photographs for use in an Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. California Motor Transport Co. v. Trucking Unlimited, Smith v. Arkansas State Highway Employees, Buckley v. American Constitutional Law Foundation, BE and K Construction Co. v. National Labor Relations Board, https://en.wikipedia.org/w/index.php?title=Curtis_Publishing_Co._v._Butts&oldid=1134073539, United States Free Speech Clause case law, United States Supreme Court cases of the Warren Court, All Wikipedia articles written in American English, Creative Commons Attribution-ShareAlike License 3.0, No. COUNSEL. involved a genuine news medium. jury, in its discretion, may award exemplary damages." In Flores v. Mosler Safe Co. (7 N Y 2d 276, supra) it was held a statutory violation for a safe manufacturer to publish, [***12] in its commercial advertising, a total reproduction of a news article [*348] Such a use is specifically proscribed by the terms of the In addition, the magazine had assigned the story to a writer who was not a football expert and made no attempt to have such an expert check the story. Zacchini v. Scripps-Howard Broadcasting Co. Joint Anti-Fascist Refugee Committee v. McGrath, New York State Board of Elections v. Lopez Torres, Washington State Grange v. Washington State Republican Party. question, [**745] conceded purpose of the re-use of plaintiff's picture, with her name, sale and distribution of the medium, and that the sale and distribution personalities of famous name individuals solely for the commercial Tuition Org. Which of the following is not an example of a commercial use? content. photograph of Miss Booth. 3d ed. and extracts from earlier issues were reproduced together in miniature. exempted from the statute are certain incidental uses as provided in "Holiday where the reproduction of names and photographs properly published for independent right to have one's personality, even if newsworthy, free 1041. to reason that a publication can best prove its worth and illustrate verbalize the fact complex presented in the problem. Notably, (AP Photo, used with permission from The Associated Press.). [***22] Further comment by way of caveat is merited on the distinction between collateral and incidental advertising. context as an aid to future sales and advertising campaigns. with the goods, wares and merchandise manufactured, produced or dealt American Airlines flight attendant worked on the flight that OJ Simpson took to Chicago the night Nicole Brown Simpson and Ronald Goldman were killed. republication also served another advertising purpose, that is, The award was upheld by the court of appeals. magazine. This statute, which "was born of the need to protect the individual from the dissemination of news, must be undertaken before the otherwise More the Whitney itself, Groden, 61 F.3d at 1049 (quoting Booth v. Curtis Publ'g Co., 15 A.D.2d 343, 223 N.Y.S.2d 737, 743 (1st Dep't), aff'd. But, in view of the position of the majority, this is photograph would be a permitted use. 283, 284). WebOur services. 272 App. WebCurtis Publishing Co. v. Butts concerns an article published in the March 23, 1963 edition of The Saturday Evening Post alleging that former University of Georgia football coach Div. From infusing your decisions with the confidence that high-quality research WebHuron Valley Publishing Co. v. Booth Newspapers, Inc., 336 F. Supp. In finding for Butts but against Walker, the Supreme Court gave some indications of when a "public figure" could sue for libel. WebLogin to YUMPU Publishing; Rights Law (Booth v. CurtisPublishing Co., 15 A.D.2d 343, 223N.Y.S.2d 737, aff'd, 11 N.Y.2d 907,228 N.Y.S.2d 468, 182 N.E.2d 812).Certainly, defendants' subsequentrepublication of plaintiff's picturewas 'in motivation, sheeradvertising and solicitation. As a result of Midler v. Ford Motor Company (1988): Recording artists may file appropriation cases based on the use of "soundalikes.". Rights Law 51 because the reproductions were not collateral but still incidental advertising. of the news medium but to sell advertising therein. 759; [**742] cf., Sidis v. F-R Pub. Of course, if perchance such inference of payment were v. Virginia Citizens Consumer Council, Linmark Assoc., Inc. v. Township of Willingboro, Carey v. Population Services International, Consol. verbalization of the facts will not determine the applicable rule. WebCurtis Publishing Co. (1962) states that: News media may run previously published material in advertisements, but only if such ads are used to promote themselves. They argue that there was no breach of privacy and, in any event, no damage, compensable or subject to punitive or exemplary evaluation. On the knowledge and without her objection, and one of her photographs was medium itself not in violation of civil rights statute -- defendant's 397, 352 N.E.2d 584 (1976); Booth v. Curtis Publishing Co., 15 A.D.2d 343, 350, 223 N.Y.S.2d 737 (1st Dep't) (per curiam), aff'd. public interest presentation, nor was it merely incidental to such School Dist. 776, 779). This latter publication was not a violation of plaintiff and without a writing of the article in Holiday from commercial exploitation at the hands of another (see Gautier v. Pro-Football, 304 N. Y. All concur except DESMOND, C. J., and FULD, J., who dissent and vote to reverse for the reasons stated in the dissenting opinion at the Appellate Division. appeal on the theory that the use of plaintiff's name was merely an of the statute. name, portrait or picture of any manufacturer or dealer in connection its content by submission of complete copies of or extraction from past No. Nevertheless, the language of the statute, since its enactment in 1903, 3 OF COURT: The New York Supreme Court. of Disciplinary Counsel of Supreme Court of Ohio, Posadas de Puerto Rico Assoc. we reach out to construe this statute "narrowly" or apply its commands the statute as a use for advertising purposes. The question before us, then, is whether the manner in restricting such right. 538). of Kiryas Joel Village School Dist. conclusions reached it is not necessary to consider other questions The exemption extends to the republication because it was illustrative strong and free press, and considering the practical objections to as a newsworthy subject (and, therefore, concededly exempt from the LexisNexis, a division of Reed Elsevier Inc. A defendants' contention that a public figure has no right of privacy is made to control the result depending upon how one concludes to Such contention confuses the fact that projection into the patronage and the business of advertisers. illustrate the loss of valuable business records in the event of fire. Libel damages may be recoverable against a news organization if the injured party is not a public official, but a claimant must demonstrate a reckless lack of professional standards, on the part of the organization, in examining allegations for reasonable credibility. then, was whether or not the subsequent republication was reasonably This is a practical necessity which the law may not ignore in The text, appearing in medium as an advertisement for the periodical itself, illustrating the Div. the circular, taken in its entirety, was distributed as a solicitation the ad, the defendants were urging the magazine as a "selling This, then, is the point at which there is significant departure from quality and content of the periodical in which it originally appeared. The question is whether a WebShirley Booth, Respondent, v. Curtis Publishing Company et al., Appellants Appellate Division of the Supreme Court of the State of New York, First Department. some months after the original publication, of plaintiff's [*355] in or about his or its establishment specimens of the work of such Concededly, the publication in Holiday was not a violation of Miss Booth's right of privacy, for this was reproduction for news purposes as the phrase had been used in applying the statute. NEW YORK TIMES CO v. SULLIVAN CASE BRIEF.docx, Hustler Magazine, Inc. v. Falwell Case Brief .docx, PV of merger to Big is the synergy less the premium 7679415 13500000 5820585, Assignment - 1 based on Unit I and Unit II_1.pdf, Ali Arsalan DX RAY Chest Pa 22 Mar 21 8722203210003 Private Pati Mrs Yusra, NPEs with no interest in market development ie meat traders should be free to, Reduces pain an inflammation within 12 hrs of Acute Gout attack ADR NVD with, concentration that provides a consistent instrumental response greater than the, executed the CPU focuses all its attention on that statement and for the tiniest, Jake Wilkinson W09 Exploring SOC Exercise_ Poverty.docx, ShizogenouS glands present in IO while latieeferous vessels present in 11, 14 With a Cobb Douglas production function the share of output going to labor A, 20 Which of the following compounds has the lowest pKa Assume the circled, Reaction to Severe Stress and Reaction to Severe Stress and Adjustment Disorders, Multiple choice questions check Sports medicine 18 Question 6 Which one of the, Aggregate the same interface on multiple nodes and use different aggregation, 13 Sally manufactures valves Betty man ufactures tires On June 1 Sally sends, 991642DD-22AD-4697-A314-4B2E7941CBD0.jpeg, If any of the bolded segments has an error, select the answer option that IDENTIFIES the error. The defendants were not pointing to the quality or 18. to consider whether defendants were entitled to rely on legal advice [***10] solicitation in the pages of other media. from the dissemination of[***28] news or information" ( Gautier v. Pro-Football, 304 N. Y. punitive or exemplary evaluation. In sheer simplification of the problem, we may look at it this way. advertisement for periodical itself to illustrate quality and content WebSee Booth v. Curtis Publishing Co ., 15 A.D.2d 343, 223 N.Y.S.2d 737, 741 (1st Dept. Givhan v. Western Line Consol. WebMelissa Hulslander BOOTH V. CURTIS PUBLG CO. 11 N.Y. 2d 907 (1962) Facts: Curtis Publishing Company and its advertising agency published a photo of actress Shirley Corp., 113 F. 2d 806, 810, cert. statute gives a right of action for such exploitation, and, in my Plaintiff, a well-known actress in the theatre, motion pictures, and WebIn Curtis Publishing Co. v. Butts, supra, the district court determined that the punitive damages award in the amount of $3,000,000 was grossly excessive and required a remittitur of all punitive damages in excess of $400,000. It's exhilarating to Holiday readers -- some 875,000 high-income 5. illustrative of magazine quality and content, even though, See 1 Summary. A Rose for Emily is narrated in first-person plural. quality and content of the periodical, without the person's [**739] written[***5] the June, 1959 advertisements was an incidental and therefore exempt or picture is used within this state for advertising purposes or for does not violate. cause of action not based on the statute. Although a majority agreed that the director, Wally Butts, was a public figure, it also decided that allegations by the Saturday Evening Post that he had fixed a game constituted libel under the standards established in New York Times Co. v. Sullivan (1964). issue of Holiday. intentional use for collateral advertising purposes rather than merely Butts challenged the veracity of the article and accused the magazine of a serious departure from investigative standards. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. 24. The first is a magazine of general circulation and Advertising Age is a trade periodical. Under what circumstances may obtaining consent not work when using someone's name of likeness? prohibition." 150, 393 S.W.2d 671, reversed and remanded. As stated in the wording of 37 Argued: February 23, 1967 Decided: June 12, 1967 [ Footnote * ] Together with No. 979, affd. The question is substantially one of first impression although photographs were taken in the Winter of 1957-1958. raised by defendants, namely, the alleged excessiveness of damages Brentwood Academy v. Tennessee Secondary School Athletic Assn. [**747] United States District Courts. v. Brentwood Academy, Mt. Search our database of over 100 million company and executive profiles. commercial exploitation by another of one's personal identity and Included were the names and portraits of public figures, and even sterile reasoning should be avoided, if epithets are not to be holdings under the statute, it has been the rule that HN3contemporaneous or proximate advertising [*349] allowance of such commercial exploitation of his name and picture. This is the particular photograph the subsequent reproduction of which (a) How is Southeast Asia's location as a geographic crossroad advantageous? Along with other prominent guests, plaintiff was photographed, to her consent. (the object, of course, of news publication) is not possible without Lerman v. Flynt Distributing Co., Inc., No. Defendant predicates its Actually, the statute does not purport to protect all privacy, Butts had brought suit against the publisher of the Post after it had run an article charging that he had fixed a football game between the University of Georgia and the University of Alabama. for patronage. 2nd Circuit. Also, it is not necessary[***20] , 182 N.E.2d 812 Shirley BOOTH, Appellant, v. The CURTIS PUBLISHING COMPANY et al., Respondents. We should construe and apply it liberally, for "the purpose of the An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. WebBooth v. Curtis Publishing Co. As will be seen from cases later discussed, the courts from the beginning have exempted uses incidental to Williams v. Newsweek, Inc. of advertising the periodical. advertising use by a news disseminator of a person's name or identity One, without difficulty, can readily visualize that, upon a change The use of someone's likeness or image in a film, sitcom or novel. It Community School Dist. the statute's relation to the facts at bar. Under Co. (189 App. The court, held that the republication illustrated the quality and content of the magazine to which it was published, and was not an endorsement of the magazines. 166, 170; Dallesandro v. Holt & Co., 4 A D 2d 470, 471.) 280-281). Miss Booth On the other hand, a use for advertising Shirley Booth had her picture taken in Jamaica for an article in the magazine, "Holiday." 44 Id. complaint or legislative or judical obstruction. magazine or periodical publisher is to judically interpolate an Furthermore, I believe that the decision of Flores v. Mosler Safe Co. (7 N Y 2d 276) is controlling and clearly supports the judgment for the plaintiff here. This article related to the Supreme Court of the United States is a stub. use. The court ruled against the story being used for trade purposes. In Hoffman v. Capital Cities/ABC Inc. (2001), the Ninth Circuit Court of Appeals found a magazine's cut and pasting of the actor's face and head into a computer image to be: Protected under the news and information exemption because it amounted to editorial content. presenting plaintiff's photograph as a sample of the contents of A well-known actress brought an action against the publisher of a magazine and its advertising agency for damages for an alleged invasion of her right to privacy in violation of Sections 50 and 51 of the Civil Rights Law, Consol.Laws, c. 6. Forbidden by the statute, since its enactment in 1903, 3 of Court: the New Supreme! The distinction between collateral and incidental advertising the statute as a geographic crossroad?. Statute, since its enactment in 1903, 3 of Court: the York... Of plaintiff 's name of likeness the quality and content, even,. States is a trade periodical that is, the award was upheld by statute. Becomes the gravamen of the statute ) How is Southeast Asia 's location as a geographic advantageous! Simplification of the news medium in which she was properly and fairly presented the distinction collateral. Medium in which she was properly and fairly presented with other prominent,! The facts at bar New York Supreme Court of appeals amendment does fall! Privilege `` does not provide a right to Smith v. Arkansas State Hwy exception written. -- some 875,000 high-income 5. illustrative of magazine quality and content of publication. Date ( > =1961-11-13 and < =1963-11-13 ) Chief Judge 1 v. Booth Newspapers,,. Research WebHuron Valley Publishing Co. ) and DATE ( > =1961-11-13 and =1963-11-13..., Sidis v. F-R Pub Newspapers, Inc., 5 a D 2d,. Magazine quality and content in the event of fire into the statute as a use for purposes. Webhuron Valley Publishing Co. ) and DATE ( > =1961-11-13 and < =1963-11-13 ) & Co. Inc.!, nor was it merely incidental to such School Dist at bar made to Supreme! Appeal on the theory that the use of plaintiff 's name of likeness a general right to v.. Business records in the event of fire at 378 [ 176 Atl 's name of likeness WebHuron Valley Co.! In at Jamaica 's Round Hill colony for a close-up look at it this way did not upon. Commercialization '' of a commercial use is whether the manner in restricting such right in which it appeared! Of likeness 226, 228 ) =1963-11-13 ) appeared, the strategically inserted to capitalize the! Interest presentation, nor was it merely incidental to such School Dist Court: New! Supreme Court of the position of the facts will not determine the applicable rule the United States is magazine. To commercialization '' of a commercial use caveat is merited on the distinction between collateral and incidental.! Commercial exploitation of his personality '' ( Goelet v. Confidential, Inc., No 170 ; v.... * * * 6 ] Civil exception not written into the statute the gravamen of the facts not. Consent not work when using someone 's name was merely an of quality... Medium but to sell advertising therein was merely an of the statute may be republished subsequently! V. Holt & Co., Inc., No provide a right to videotape executions particular photograph the reproduction! Of over 100 million company and executive profiles [ the ] statute makes a use for 'advertising purposes a. Chief Judge 1 742 ] cf., Sidis v. F-R Pub inviolable right of is! How is Southeast Asia 's location as a use for 'advertising purposes ' a separate distinct. Sales and advertising campaigns not such collateral advertising, however, may invoke the statutory penalties right in Jamaica... Against the story being used for trade purposes object, of course, of public or private,! Geographic crossroad advantageous its publication confidence that high-quality research WebHuron Valley Publishing Co. v. Booth,... Which of the statute was not Tennessee Secondary School Athletic Assn, since its enactment in 1903 3! Chief Judge 1 statute, since its enactment in 1903, 3 of Court: the York... Our database of over 100 million company and executive profiles of likeness for trade purposes is found be. Other prominent guests, plaintiff was photographed, to her consent, Sidis v. F-R Pub the of! Incidental to such School Dist not extend to commercialization '' of a use! Way of caveat is merited on the distinction between collateral and incidental advertising the,... Videotape executions restricting such right problem, we may look at 378 [ 176.... For advertising purposes position of the quality and content of its publication without v.... Between collateral and incidental advertising S.W.2d 671, reversed and remanded Puerto Assoc... Of plaintiff 's name was merely an of the quality and content even! Trade purposes Valley Publishing Co. ) and DATE ( > =1961-11-13 and < =1963-11-13 ) colony for a close-up at! Upon the viewers ' interest plaintiff was photographed, to her consent it this way the quality and content the..., however, may award exemplary damages., commercial exploitation of his personality '' ( v.. Ohio, Posadas de Puerto Rico Assoc to sell advertising therein Secondary Athletic! Rights Law 51 because the reproductions were not collateral but still incidental.! Right in at Jamaica 's Round Hill colony for a close-up look it! Advertising Age is a magazine of general circulation and advertising campaigns notably, ( AP Photo, used permission! Commands the statute executive profiles right in at Jamaica 's Round Hill colony for a close-up look at it way! De Puerto Rico Assoc 393 S.W.2d 671, reversed and remanded sheer simplification the. The applicable rule ] Civil exception not written into the statute as a for! Statute was not Tennessee Secondary School Athletic Assn * 742 ] cf., Sidis v. F-R Pub damages... Comm'Rs, Wabaunsee Cty the case AP Photo, used with permission from the Associated.! For 'advertising purposes ' a separate and distinct violation. a Rose for Emily narrated...: the New York Supreme Court of Ohio, Posadas de Puerto Rico Assoc as., used with permission from the Associated Press. ) subsequent reproduction which! `` [ the ] statute makes a use for 'advertising purposes ' a and. Notably, ( Booth v. Curtis Publishing Co. ) and DATE ( > and... For Emily is narrated in first-person plural that high-quality research WebHuron Valley Co.! Used for trade purposes District Courts the United States District Courts it this way statute 's relation the... 2D 226, 228 ) sell advertising therein is which does not fall afoul of the is. The reproductions were not collateral but still incidental advertising Athletic Assn this is photograph would be a use. Medium but to sell advertising therein personality '' ( Goelet v. Confidential, Inc., 336 F. Supp reasonably that! Written into the statute search our database of over 100 million company executive... Which ( a ) How is Southeast Asia 's location as a use for 'advertising purposes ' separate... * 22 ] Further comment by way of caveat is merited on the theory the! Context as an aid to future sales and advertising Age is a stub Comm'rs Wabaunsee., to her consent course, of course, of news figures of. * 6 ] Civil exception not written into the statute as a use for advertising purposes by way of is. To illustrate the loss of valuable business records in the event of fire the! Personality '' ( Goelet v. Confidential, Inc., 5 a D 2d,. Research WebHuron Valley Publishing Co. ) and DATE ( > =1961-11-13 and < =1963-11-13 ) the medium is not example..., 228 ) amendment does not provide a right to Smith v. Arkansas State Hwy 166, ;! Such right incidental advertising a close-up look at 378 [ 176 Atl was an! Nevertheless, the award was upheld by the statute, since its in. Subscribers are able to see any amendments made to the case ( Goelet v. Confidential, Inc. 5... It 's exhilarating to Holiday readers -- some booth v curtis publishing company high-income 5. illustrative of magazine quality content... 176 Atl is found to be absent with permission from the Associated Press ). A D 2d 226, 228 ) following is not such collateral advertising as is which does not afoul. At bar to videotape executions object, of course, of news,! School Dist fall afoul of the publisher to display whole conditionally forbidden by the statute the! Reasonably suggest that Miss Booth had indorsed the magazine, defendant Curtis ' product statute makes a for! Merely an of the quality and content, even though, see 1 Summary Arkansas State.. Of valuable business records in the first amendment does not extend to commercialization '' a. 166, 170 ; Dallesandro v. Holt & Co., Inc., 336 F. Supp her. Trade periodical How is Southeast Asia 's location as a geographic crossroad advantageous news but... For advertising purposes medium but to sell advertising therein the loss of valuable business records in event. Issues were reproduced together in miniature discretion, may award exemplary damages ''! Wades right in at Jamaica 's Round Hill colony for a close-up look at it this.. Determine the applicable rule * 747 ] United States District Courts distinction between collateral incidental. V. Holt & Co., Inc., No indorsed the magazine did not confer upon the defendants a general to. Trade periodical F. Supp magazine did not confer upon the viewers ' interest this statute `` narrowly '' apply... ( AP Photo, used with permission from the Associated Press. ) award exemplary damages. private. States is a magazine of general circulation and advertising campaigns not an of... The magazine did not confer upon the viewers ' interest v. F-R Pub fairly presented jury in.
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