Winston & Strawn Obtains Right of Publicity Victory for Discus Dental

Winston & Strawn recently obtained a significant right of privacy/right of publicity victory for our client Discus Dental (a subsidiary of Phillips North America) and more than 40 of its dentist-customers in the Los Angeles County Superior Court-Complex Division. 

Discus Dental commissioned and sold photographs of smiling models to dentists as "office art." A decade later, Timed Out, LLC, claimed that it owned (as assignee) the publicity rights of a dozen of these models, and sought damages from Discus Dental and, eventually, about 40 of Discus Dental's dental customers in dozens of courts across California.

In a case of first impression, Winston convinced the trial court that a living person's right of publicity is personal to the individual and cannot be assigned to a third party. The court dismissed Timed Out's claims with prejudice and entered judgment in favor of Discus Dental and its dentist-customers.

Timed Out has appealed. The Winston & Strawn team is taking the lead on appeal to defend the trial court's decision.