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Russell Christoff Vs. Nestle USA Inc. (S155242)
Facts
Russell Christoff a professional model, in the year 1986 was paid the amount $250 by Nestle Canada for a photo-shoot where his photos would be used on the label of their product, bricks of coffee. Terms of the contract between the plaintiff Russell and Nestle Canada stipulated that he would be compensated the sum of $2000 in the case the company decided to use his image for other purposes while other applications exempted from their contract remained open for new negotiations. Nestle USA in the year 1997 changed their prior image on the label of their Tasters Choice instant coffee product with a slightly altered image of Christoff without his consent. In the year 2002, sixteen years after Christoff prior contract with Nestle Canada, he identified an image of his face on the label of a Taster Choice Coffee jar without his consent. Further investigation revealed that Nestle USA had also used a slightly altered photo of Christoff from his original photo on a number of other products and publications. Less than a year later, Christoff in response filed a suit against Nestle USA Inc. the defendant, for their appropriation of his likeness.
Procedural History The case for Christoff against Nestle USA went to the trial court after court established that the defendant argument of the single publication rule did not substantiate dismissal of the case. In the year 2005, Christoff won the case against Nestle USA Inc. by verdict of the jury for appropriation of likeness and received an aggregate $15 million in damages. However, Nestle USA Inc. won their appeal against Christoff after the California Court of Appeal reversed the trial court judgment of $15 million compensation in damages in its entirety. California Appeal court based appeal on the interpretation of single publication rule and the