Smith v. Fitness International, LLC
Plaintiff Jeron Smith alleged that Defendant fitness club operator wrongfully obtained and used his images taken at a 2010 Nike photoshoot for large scale wall artwork at various fitness clubs and sued for 1) violation of privacy – false light; 2) misappropriation of name and likeness; 3) violation of Civil Code Section 3344; and 4) defamation (libel per se). Defendant denied liability on the basis that the model images used were not of plaintiff but another person and obtained at a photo shoot in 2003 of a former USC athlete.
Defendant filed a motion for summary judgment on the basis that the photographs or images are not those of plaintiff taken at a Nike photo shoot, but that they were obtained in 2003 and used since at least 2004, years prior to when plaintiff claims that images of him were taken. The Court granted summary judgment in favor of Defendant, finding that plaintiff did not refute Defendant’s evidence and raise a triable issue.