Woody Allen vs. American Apparel? Oy Vey!

So back in April 2008, Woody Allen decided to sue American Apparel's Dov Charney for "misappropriation and commercial use of his image" in order to sell products by the company. Apparently the photo is a still shot from the famous Woody Allen film Annie Hall. Annie's grandmother envisions her grand daughter's hipster boyfriend as a Hassidic rabbi. The Hebrew written at the top says "Our spiritual leader" or something to this effect.

Here is a quickie lesson about misappropriation in case you fell asleep during your Unfair Competition Class: It is a claim that is meant to protect the commercial value of a person's image when it is appropriated for advertising or trade purposes. Courts have held that this right does not override the right to freedom of press and freedom of speech though. Expressive and newsworthy publications are exempt from these types of claims if the outlets are deemed to be in the public's best interest and the images are used in furtherance of such public interest.

As you can tell, it seems like American Apparel will have a lot of explaining to do since they are using Mr. Allen's image for commercial purposes without informing him and without compensating him either.

According to Women's Wear Daily, the papers filed in federal court in Manhattan indicate that the judge has ruled that the case is not eligible for mediation. While a trial date has not been set, this new ruling indicates that the court may rule favorably for Mr. Allen with regards to his case. It will be interesting to see what happens with this case. If this is in favor of Mr. Allen, will other celebrities follow suit?