Stern's First Loss in Court?

Discussion in 'The Howard Stern Show' started by fixer, Mar 20, 2014.

  1. fixer

    fixer I'm Retarded you Jerk. On the Power.

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    Doing some research and came across this. Never heard this happened.

    A few years ago, radio host Howard Stern ran for governor of New York. An Internet provider, Delphi, used Stern's photograph in an advertisement without his permission, and Stern sued. However, Delphi had used Stern's photograph specifically to advertise an online bulletin board which was established to debate Stern's candidacy. The court found that although Delphi had used Stern's likeness without his permission, the use was permissible because his candidacy was a matter of public interest. Stern v. Delphi Internet Services Corp., 626 N.Y.S.2d 694 (Sup. Ct. 1995).

     
  2. tv910

    tv910 Well-Known Member

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    I love it when Howard rants about how something should be done to prevent frivolous lawsuits.
     
  3. Rupert Pupkin

    Rupert Pupkin That Ass is Attached to Daniela Lopez Gold

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    This the same law Lindsay Lohan used to sue Pitbull. She also lost.

    http://www.loundy.com/CASES/Stern_v_Delphi.html

    It is obvious and beyond question that the purpose of the advertisement was to promote sales of Delphi's Internet service, and the Stern bulletin board in particular, and that the use of Stern's photograph with the ad's caption describes the main point of the service. Had defendant merely used plaintiff's name in the advertisement, that use would clearly fall within the incidental use exception under the above-cited precedents. The fact that the advertisement also contained Stern's photograph, which defendant concedes does not appear on-line on computer screens, cannot transform a privileged use into an unlawful use when the goal of the advertisement--to inform potential subscribers about the contents of the on-line service and induce them to purchase it--remains unchanged.


    Accordingly, it is hereby ORDERED that the motion for summary judgment is granted and the complaint is dismissed.
     
  4. Yeahnolisten

    Yeahnolisten Well-Known Member

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    I think his first loss in court was when he stole the Fartman idea directly from National Lampoon magazine and had the balls to try and trademark it.
     
  5. Pooh bear

    Pooh bear Well-Known Member VIP

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    God he's a sue happy mofo! My husband was rear ended years ago and was so in the right to sue the guy who did it but his mother said to him, we're not that kind of people. I always think of that when I hear about all these ridiculous lawsuits....
     
  6. Ophelia143

    Ophelia143 Member

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    but he didn't get his promised million dollar bonus after his billion dollar paycheck
     
  7. PiggyMohammad

    PiggyMohammad Active Member Banned User

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    [​IMG]:dontknow: :hide: :D