Arsene Gautier v. Pro-Football, Inc., and American Broadcasting Co., Inc.

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the plaintiff's name and picture were not used for advertising purposes or purposes of trade under Civil Rights Law § 51, and that a breach of contract does not give rise to a cause of action under that statute. A concurring opinion argued the use was advertising but maintained no privacy invasion, while a dissent disagreed with the majority.