Grant v. Esquire, Inc

367 F. Supp. 876 (1973)

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Nature of the Case

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Facts

In 1946, D published an article about the clothing tastes and habits of six Hollywood stars, including P. This article was illustrated with posed pictures of these stars, obtained with their consent. In 1971, D republished the same picture with one modification: everything below the collar line had been replaced with the figure of a model clothed in a cardigan sweater-jacket. Under the picture was the following caption: 'To give a proper good riddance to the excesses of the Peacock Revolution we have tried a little trickery. And what better way to show the longevity of tradition than by taking the pictures of six modish men that appeared in Esquire in 1946 and garbing the ageless enchantment of these performers in the styles of the Seventies. Above, Cary Grant in a descendant of the classic cardigan, an Orlon double-knit navy, rust, and buff sweater-coat (Forum, $22.50).' P sued for libel; for invasion of privacy; and, for violation of P's 'right of publicity.' D claims the complaint fails to state any claim as a matter of state law and that the claim is also barred by the First Amendment. Both parties moved for summary judgment.