Also known as: appropriations · appropriate · appropriated · appropriating · funds allocation · taking of property
Written by attorneys · grounded in primary & secondary sources — see below
An invasion of privacy consisting of the unauthorized use of another's name or likeness for the defendant's commercial advantage.
Congress enacts a statute protecting women from state laws that would deny them the ballot on account of sex. The legislation is upheld as a valid exercise of enforcement power under the amendment. States must comply or face federal remedies.
Shareholders file a derivative action against corporate officers. The board begins an internal inquiry into the claims. The court stays the proceeding for six months while the inquiry proceeds.
A former private firm lawyer now works for a state agency. She seeks to participate in a matter she handled substantially in private practice. The agency refuses consent and bars her involvement.
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A buyer promises a seller to pay a debt the seller owes a third party. The third party sues to enforce the promise. The court recognizes the third party as an intended beneficiary entitled to performance.
A landlord blocks a tenant from using part of the leased premises for permitted storage. The tenant demands removal of the obstruction. When the landlord refuses, the tenant terminates the lease and seeks damages.
A plaintiff sues in federal court for copyright infringement arising from unauthorized use of a manuscript. The complaint also asserts a related state unfair competition claim based on the same facts. The court exercises jurisdiction over the state claim as part of the same controversy.
Liability arises when a defendant uses the plaintiff's name or likeness without consent for commercial advantage, such as in advertising or product promotion.
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No. The tort focuses solely on the unauthorized commercial exploitation of identity, without needing to show the use was false or highly offensive.
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Yes. If the plaintiff consented to the use of name or likeness, the defendant avoids liability for appropriation.
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Appropriation protects against commercial exploitation of identity. False light protects against publicity that places the plaintiff in a misleading and offensive light.
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…as it attempts such extension. The Court therefore has no original jurisdiction to issue the writ of mandamus in this case. The appropriate remedy for Marbury exists in law but it cannot be supplied by the Supreme Court in the present form because the act purporting to confer such original jurisdiction is inconsistent with the…