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Promotional Use of Supermodel's Appearance in Reality TV Show Didn't Violate Lanham Act

The U.S. Court of Appeals for the Ninth Circuit affirmed a lower court ruling that the defendants' use of supermodel Janice Dickinson's personal appearance in the reality TV series Shahs of Sunset, to promote the show, didn't violate Dickinson's rights under the federal Lanham Act. Dickinson v. Ryan Seacrest Enterprises Inc., 19-55415. Dickinson, who claimed she hadn't signed a participant release, alleged: "Defendants have and continue to falsely represent that the Series is a documentary program rather than a scripted or fictional series, when in fact the Series is largely or entirely scripted. The group did so to market, advertise, and promote the Series by improperly trading off the goodwill, celebrity, and fame of Plaintiff, without paying any fee." Dickinson charged the defendants "agreed and conspired to script an episode of the Series … to include a false controversy in which they would make it appear that Plaintiff intentionally stole or bullied her way into wearing an outfit that had supposedly been previously selected for Golnesa Gharachedaghi (Gharachedaghi), a lead character on the Series." The U.S. District Court for the District of California found "the use of Plaintiff's name and likeness are artistically relevant to the Episode." In its affirmance, the Ninth Circuit noted in part: "Dickinson did not allege that the Shahs episode or the promotional materials for that episode contained an explicit representation that Dickinson was an endorser or sponsor of the series. Rather, Dickinson alleged only that she made an appearance on the show. … Thus, Dickinson failed to allege that Appellees' use of the mark is explicitly misleading as to source or sponsorship.