Former Professional Person Wrestler Sues Van Morrison For Using His Likeness Without Potency

Billy Two Rivers, a old professional person wrestler, is suing instrumentalist Van Morrison together with his tape label company, claiming that, past times using his likeness on the comprehend of the upcoming Roll With the Punches album, they infringed his correct of publicity, every bit protected past times New York State’s statutory correct to publicity, New York Civil Rights Law §§ 50 together with 51, together with fake endorsement nether the Trademark act. The representative is Two Rivers v. Morrison, 1-17-cv-05720 (Southern District of New York).

To say that Plaintiff has had an interesting life is an understatement, every bit he was a professional person wrestler from 1953 to 1977, competing inward Canada, the U.S. together with abroad. He appeared inward 10 films together with television receiver programs. After retiring, he was for xx years a leader of the Mohawk nation on the Kahnawake reservation, every bit an elderberry together with a counselor. He is all the same recognized every bit an elderberry together with advisor to the First Nations people. The British band The Dogs D’Amour named a vocal afterward him inward 1988, together with Pulitzer Prize-winner Paul Muldoon wrote a poem, “My Father together with I together with Billy Two Rivers”, nearly watching Plaintiff competing inward a wrestling match. Influenza A virus subtype H5N1 British racing Equus caballus was named afterward him, amongst Plaintiff’s consent. 

Roll With the Punches volition endure Van Morrison’s 37^th studio album together with is laid for free on September 22, 2017. Its comprehend features a dark together with white photograph of Plaintiff engaged inward a wrestling match. The comprehend of the album was used to promote Van Morrison’s tour, together with by together with large to promote the sale of the album, both online together with off-line. Plaintiff claims he did non authorize the usage of this photograph for the album cover. The electrical load alleges that he was non fifty-fifty contacted past times Defendants.

New York Civil Rights Law § 50, enacted inward 1903, makes it a misdemeanor for “[a] person, job solid or company [to use] for advertising purposes, or for the purposes of trade, the name, portrait or painting of whatsoever living someone without having showtime obtained the written consent of such person, or if a youngster of his or her bring upwards or guardian...” We saw inward a old ship that the New York Legislature is actively trying to expand the orbit of the law. However, Plaintiff does non demand such expansion to file his suit. If the fact alleged inward the electrical load tin endure proven, it is a clear representative of unauthorized usage of likeness for commercial purposes.

Plaintiff is scream for the courtroom to enjoin whatsoever farther usage or dissemination of the cover, together with to permanently dispose of the albums already produced. He is likewise scream for the courtroom to abide by him punitive damages.  The representative simply settled out of court.