Opening Statement
I represent the plaintiff, actor Tom Hanks, in this case. My client is one of the world’s most well-known and famous actors. He has won multiple Academy Awards for acting, produced several films and television series, and been in the public eye as a celebrity for nearly 40 years. His net worth is estimated at over $500 million dollars. Tom Hanks has a reputation as a family-friendly actor and has never been seen in public scandals that would cast a shadow on his public image. Last year, a company called California Naturals, which markets and sells CBD-based products, put an advertisement on its website with Hanks’ picture. The text of the advertisement claims that Tom Hanks regularly consumes the company’s CBD-based products and recommends them to users, which is false. Thus, Defendant Cali Naturals is liable for public disclosure of a private fact (PDPF), misappropriation of name, likeness, and identity (NLI), as well as for false advertising.
Is Defendant Cali Naturals liable for PDPF?
Public disclosure of a private fact (PDPF) has definitely occurred in this case. First and foremost, the actor’s use of CBD oil to treat arthritis pain is a personal fact as well as part of his medical history. Additionally, this fact is sensitive, which can be highly offensive, as the company is associated with the promotion of cannabis-based products. Tom Hanks has a reputation as a family-friendly actor, so the association with CDB-based products can negatively affect his public image. The statement presented in the advertisement is also not newsworthy, as it touches upon aspects of the actor’s personal medical history and cannot be the basis for public discussion. The presented advertisement does not contain newsworthiness factors as it does not disclose publicly significant details of the actor’s life. Defendant’s actions are also not lawfully obtained, which prevents them from being subject to the 1st Amendment Defense.
Is Defendant Cali Naturals liable for misappropriation of name, likeness, and identity (NLI)?
Cali Naturals used Hanks’ name and identity without permission for commercial gain. The company used a picture of Hanks to define the exact person clearly. An advertisement using this material has been placed on the website, making it public. Advertising was used for commercial purposes as it was aimed at promoting the product and attracting customers. Defendant also did not receive permission to publish from Hanks. The actions of the company cannot be subject to Newsworthiness defense, as they are used solely for the acquisition of benefits through the promotion of the product. The actions of the company are also not subject to the Qualified Privilege as there is no evidence that Hans used the company’s products as indicated for at least two weeks.
Is Defendant Cali Naturals liable for false advertising?
Defendant made a false representation of the fact that Hanks uses CBD-based products sold by Cali Naturals. There is no evidence that the actor used this particular company’s products for at least two weeks. The representation was made in connection to goods, in particular to CDD-based products by Cali Naturals. This representation is likely to cause customer confusion regarding the quality and effect of these products since the claims about them are based on the fabricated opinion of the actor and cannot be proven. The goods were used in commerce because the company benefited financially from product sales using advertising.
Concluding Statement
The arguments presented convincingly show that all elements of public disclosure of a private fact (PDPF), misappropriation of name, likeness, and identity (NLI), as well as false advertising, are relevant to f the Defendant’s actions. However, the counterargument is that Hanks’ consumption of CDD-based products could draw attention to the industry and shape public opinion, which could be newsworthy. However, please note that using such products for pain relief is part of the medical history. The court should recognize the Defendant liable on all points of the claim.