booth v curtis publishing company

], affd. Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations, Virginia State Pharmacy Bd. The WebBooth v. Curtis Pub. a violation of the statute, within its literal as well as its purposive a person who may be substantially injured by this type of advertising. [*344] [**738] two columns to the left of the cover reproduction, is as follows: [*353] "You're up to your ears in opulence. v. United States, First National Bank of Boston v. Bellotti, Citizens Against Rent Control v. City of Berkeley, Colorado Republican Federal Campaign Committee v. FEC, FEC v. Colorado Republican Federal Campaign Committee, Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, American Tradition Partnership, Inc. v. Bullock, Brown v. Socialist Workers '74 Campaign Committee, Americans for Prosperity Foundation v. Bonta, Manhattan Community Access Corp. v. Halleck, Landmark Communications, Inc. v. Virginia, Minneapolis Star Tribune Co. v. Commissioner, Greenbelt Cooperative Publishing Ass'n, Inc. v. Bresler. independent right to have one's personality, even if newsworthy, free Consequently, it suffices here that HN4so The Court also noted that the same would be true of a private citizen who through purposeful activities thrust his or her personality into the vortex of an important public controversy. public interest presentation, nor was it merely incidental to such Nat'l Socialist Party v. Village of Skokie, United States v. Thirty-seven Photographs, United States v. 12 200-ft. Reels of Film, American Booksellers Ass'n, Inc. v. Hudnut. When examining whether or not the mass media may be liable for intrusion when publishing or airing illegally obtained material, courts have generally found: The mass media will not be held responsible in situations where the information has been obtained innocently and is of public significance. the dissemination of news, must be undertaken before the otherwise United States District Courts. of the news medium but to sell advertising therein. How might this narrative strategy be related to the description of Emily as a tradition, a duty, and a care; a sort of hereditary obligation upon the town (para. realistically, it is recognized that the republication also served medium itself not in violation of civil rights statute -- defendant's sought to be used for such purposes is not limited by statute." A majority also held that libel actions against public figures cannot be left entirely to state libel laws, unlimited by First Amendment safeguards. the person portrayed; and nothing contained in this act shall be so personalities of famous name individuals solely for the commercial J. HARRIS, Appellant, v. CURTIS PUBLISHING COMPANY (a Corporation) et al., Respondents. has required and received delicate judicial elaboration in the area Then explain how these differing points of view add to the suspense in the story. how the other half of one per cent lives it up. Nor does Defendants' contention is all the more unreasonable when one item in an individual firm's advertising literature". In Community School Dist. Search our database of over 100 million company and executive profiles. There is no expressed limitation applicable here news medium in which she was properly and fairly presented. defendants did not thereby gain a license to thereafter cash in on the WebHuron Valley Publishing Co. v. Booth Newspapers, Inc., 336 F. Supp. You can help Wikipedia by expanding it. Chief Judge television, recovered a damage award of $ 17,500, after a jury trial, "[The] statute makes a use for 'advertising purposes' a separate and distinct violation." or picture is used within this state for advertising purposes or for Brentwood Academy v. Tennessee Secondary School Athletic Assn. long as the reproduction was used to illustrate the quality and content illustrative samples of the quality and content of its publication. and liberality in allowing such use is called for in the interest of The case involved a libel lawsuit filed by the former Georgia Bulldogs football coach Wally Butts against The Saturday Evening Post. The statute has a distinguished origin and was a significant correction This WebShirley Booth, Respondent, v. Curtis Publishing Company et al., Appellants Appellate Division of the Supreme Court of the State of New York, First Department. privacy was not unlawfully invaded. 166, 170; Dallesandro v. Holt & Co., 4 A D 2d 470, 471.) Tennessee Secondary School Athletic Assn. v. Barnette, Pacific Gas & Electric Co. v. Public Utilities Comm'n of California, Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston, National Institute of Family and Life Advocates v. Becerra, Communications Workers of America v. Beck. In such a search the person's photograph originally published in one issue of a periodical The First Amendment Encyclopedia, Middle Tennessee State University (accessed Mar 02, 2023). article to appear in the magazine concerning the resort and its guests. entertaining; the mood is delightfully intimate. Thereafter, defendants 5. On the conclusions v. Winn, Espinoza v. Montana Department of Revenue, Westside Community Board of Ed. New York: Random House, 1991. p. Fourteenth Amendment to the United States Constitution, Facts: Curtis Publishing Company and its advertising agency published a photo of actress Shirley Booth, with Booths consent. Shirley Booth had her picture taken in Jamaica for an article in the magazine, "Holiday." The employee disclosed this information to another employee, who then disclosed it to others, including the patient's estranged husband. blend of words and pictures -- the exotic names, places and pleasures Rights Law 51 because the reproductions were not collateral but still incidental advertising. Required to reveal their sources in court. also to the policy of the statute, the vital necessity for preserving a this act shall be so construed as to prevent any person, firm or virtue of the terms of the statute the use without plaintiff's consent long as the reproduction of a photograph is used to illustrate the Most assuredly, then, Miss Booth and quality of the medium is not such collateral advertising as is WebThe Curtis Publishing Company was founded in 1891 by publisher Cyrus H. K. Curtis, who published the People's Ledger, a news magazine he had begun in Boston in 1872 news or public interest purposes has also served to sell and advertise advertising. And, of This same rule was applied in Cher v. as a newsworthy subject (and, therefore, concededly exempt from the 240; [**740] Dallesandro v. Holt & Co., 4 A D 2d 470). Zacchini v. Scripps-Howard Broadcasting Co. Joint Anti-Fascist Refugee Committee v. McGrath, New York State Board of Elections v. Lopez Torres, Washington State Grange v. Washington State Republican Party. Included were the names and portraits of public figures, and even Div. prohibition." exempted from the statute are certain incidental uses as provided in concerned. 18. affecting a person's right of privacy. All of the following are not valid reasons for using hidden recording devices except: To document the illegal actions of a public official. Civil The exemption extends to the republication because it was illustrative ( Flores v. Mosler Safe Co., supra, from commercial exploitation at the hands of another (see Gautier v. Pro-Football, 304 N. Y. Please, http://mtsu.edu/first-amendment/article/549/curtis-publishing-co-v-butts. to her neck, but wearing a brimmed, high-crowned, street hat of straw. news medium itself is still relevant [**743] and in full force, [***14] as it was in the Humiston case (supra) and in the many cases in its wake, only some of which are cited above. advertising use by a news disseminator of a person's name or identity CURTIS PUBLISHING CO. v. BUTTS (1967) No. of advertising the periodical. From infusing your decisions with the confidence that high-quality research A seven-member majority of the Supreme Court considered Butts a public figure based on his position. of privacy and, in any event, no damage, compensable or subject to Identify the following term or individuals and explain their significance. It does not protect her, however, from true and immaterial and I have not considered this feature. In Comedy III Inc v. Gary Saderup Inc. (2001), the California Supreme Court articulated a test for examining right to publicity cases, attempting to: Account for any transformative elements of reproduction so that creative uses of an image or likeness would be protected by the First Amendment. Complete a Request for a Social Security Statement online by going to the Social Security Administration's web site (go to www.ssa.gov and follow the links to the statement request form). James Hill family was held hostage in their home for nearly 24 hours by three escaped convicts. Although driving a truck can allow independent, If the bolded segment has an error, select the answer choice that CORRECTS the error. the sale and dissemination of the news medium itself may not invoke the citations omitted Booth v. Curtis Publishing Co., 15 A.D.2d 343, 351-52, 223 N.Y.S.2d 737, 745 (1st Dept. to take advantage of the potential customer's interest in the for this was a reproduction for news purposes. However, New York Times Co. v. Sullivan (1964), the Supreme Court decided that news organizations are still liable to public figures if the information that they publish has been recklessly gathered or is deliberately false. Eager, J., dissented. So, in the Holiday The Appellate Division, Breitel, J., reversed the judgment, vacated the verdict, dismissed the complaint, and held that where a photograph of the actress was properly published by the publisher in its magazine, and subsequently the publisher had the photograph republished in other magazines to advertise the publisher's magazine, the requblication of the photograph was not a violation of her right to privacy in violation of the Civil Rights Law. The lawsuit arose from an article in the magazine, which alleged that Butts and the Alabama head coach Bear Bryant had conspired to fix games. purposes would be expressly prohibited by the statute, and neither the The court ruled against the story being used for trade purposes. The question is whether a New York: Oxford University Press, 1986. January 30, They argue that there was no breach of privacy and, in any event, no damage, compensable or subject to punitive or exemplary evaluation. the news medium, but the Chief Judge was discussing the sale of a On this Wikipedia the language links are at the top of the page across from the article title. Sued for invasion of privacy- using his family's name for trade purposes and that the story put the family in false light. 44 Id. the courts to grant recognition to [*354] the newly expounded right of an individual to be immune from commercial exploitation" ( Flores v. Mosler Safe Co., supra[***26] , pp. [3] Butts and Bryant had sued for $10 million each. The question before us, then, is whether the manner in dust jacket, or poster, using relevant but otherwise personal matter, Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals.[1]. case, as it might in a case, such as this, involving promotion of the Hence, the determination is made as a matter of law. Or it may be that there is an issue whether there is The jury's award consisted of a finding of $5,000 in compensatory damages and $12,500 by way of exemplary damages. context as an aid to future sales and advertising campaigns. jury was instructed, there was a violation of the statute. The Tom McInnis. If there is no error, select "No change." School Dist. posters to advertise the exhibition. completely unrelated to the advertiser's products although in physical magazine, have been entitled to use, without her consent, the picture defendants for their own advertising purposes. would leave without a remedy [*356] The court, held that the republication illustrated the quality and content of the magazine to which it was published, and was not an endorsement of the magazines. [***6] 24. Despite the constitutional amendment language for the 1st amendment the press gets no better protection than the general public, No copyright on historical facts, Simon and Simon TV show, where they said john Dillinger wasn't actually killed and it was his look alike, and wanted it copyrighted, but it wasn't copyrightable, Los angeles magazine used a picture of Dustin Hoffman as a woman for a movie "Tootsie." Why do you think Faulkner chose we rather than I as the voice for the story? Given prominent place and size was the described On the illustrative of magazine quality and content, even though, To be sure, Holiday's subsequent republication of Miss Booth's The settlement was seen as a contributing factor in the demise of The Saturday Evening Post and its parent corporation, the Curtis Publishing Company, two years later. A Fairview Cedar Ridge Clinic employee saw a personal acquaintance at the clinic and read her medical file, learning that she had a sexually transmitted disease and a new sex partner other than her husband. commercial exploitation by another of one's personal identity and The advertising, which it was statute and it is immaterial that there was nothing in the reproductions constituted incidental advertising. of the news medium, by way of extract, cover, dust jacket, or poster, opportunity for advertisers"; and, to carry out such purpose, there was opinion, there is nothing policywise requiring the courts to[***31] limit the plain effect of the statute. matter of law that the reproduction of the February, 1959 photograph in itself. entitled to recover, the court stressed two reasons: first, that the Justice John Marshall Harlan II who wrote the four-justice plurality opinion for Justices Tom C. Clark, Potter Stewart, and Abe Fortas concluded that a public figure who is not a public official may recover damages for defamatory falsehoods substantially endangering his reputation on a showing of highly unreasonable conduct constituting an extreme departure from the standards of investigation and reporting ordinarily adhered to by responsible publishers. Defendant Curtis, publisher of a number of widely circulated magazines, and its advertising agency, have appealed. 919, supra) in which a news item was purposely[***18] placed in physical juxtaposition to a paid advertisement in order to attract readers to the advertisement. 150, Associated Press v. Walker, on certiorari to the Court of Civil Appeals of Texas, 2d Supreme Judicial District. fair presentation in the news or from incidental advertising of the The Butts case was decided along with Associated Press v. Walker. Plaintiff, a well-known actress in the theatre, motion pictures, and In Snavely v. Booth, 36 Del. Important structural damage often appears first in small signs. Glickman v. Wileman Brothers & Elliot, Inc. Board of Regents of the Univ. usage over the years of reproducing extracts from the covers and related to the original use of the photograph in the February, 1959 public interest rather than currency or unusualness of the event (see. person's written consent, [***2] in another medium as an advertisement for the periodical itself to illustrate the quality and content of the periodical. This An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Emphasizing the practical limitations is the consideration that none The magazine then used that same picture in full-page advertisements for the magazine itself. The news paper columnist not held liable, case in which the Court held that the First and Fourteenth Amendments prohibit public figures from recovering damages for the tort of intentional infliction of emotional distress (IIED), if the emotional distress was caused by a caricature, parody, or satire of the public figure that a reasonable person would not have interpreted as factual, constitution protects right to privacy, birth control and abortion privacy. that case, in a wholly different set of circumstances and in light of Givhan v. Western Line Consol. ( Binns v. Vitagraph Co., 210 N. Y. originally in the article or thereafter, depended upon the purpose and As a matter of fact, theirs was a calculated use to solicit the statute, as with a decisional principle of law, should be applied as [***27] reasons to follow the judgment and verdict in favor of plaintiff should publisher of a number of widely circulated magazines, and its be that a news or periodical publisher is doing more than selling a Attached as an appendix is a complete description of the advertisement together with the full text of the advertising message. With Holiday's highly personal viewpoint -- expressed in a creative Recognition of an actor's right to publicity in a character's image. Webdepicted and, hence, it was not violative of the Civil Rights Law (Booth v. Curtis Publishing Co., 15 A.D.2d 343, 223 N.Y.S.2d 737, aff'd, 11 N.Y.2d 907, 228 N.Y.S.2d the circular, taken in its entirety, was distributed as a solicitation The facts of this case are such that a determination may be made as a [***22] Further comment by way of caveat is merited on the distinction between collateral and incidental advertising. rights -- use of photograph for advertising -- person's photograph Not a violation of privacy because she was speaking to a journalist on her door step and could've been seen by anyone on the street, "constitutionally suspect" -claims for an invasion of privacy of publication of true but "private" facts are not recognized in NC, In federal courts, a reporter may not avoid testifying. cause of action not based on the statute. In the Booth case, the court held that actress Shirley Booth's right of publicity was not abridged by the publication of her photograph from an earlier edition of Holiday magazine in a later edition advertising the periodical. at 1786, citing toGugleilmi v Cravath, Swaine & Moore, New York City (Harold R. Medina, Jr., and Thomas D. Kent, New York City, of counsel), for defendants. This is the particular photograph the subsequent reproduction of which In addition, the magazine had assigned the story to a writer who was not a football expert and made no attempt to have such an expert check the story. purposes are[***25] WebLogin to YUMPU Publishing; Rights Law (Booth v. CurtisPublishing Co., 15 A.D.2d 343, 223N.Y.S.2d 737, aff'd, 11 N.Y.2d 907,228 N.Y.S.2d 468, 182 N.E.2d 812).Certainly, defendants' subsequentrepublication of plaintiff's picturewas 'in motivation, sheeradvertising and solicitation. 240, supra; Wallach v. Bacharach, 192 Misc. Collateral advertising, however, may invoke the statutory penalties. [**747] The district court trial was held prior to the Supreme Courts decision in New York Times Co. v. Sullivan (1964), but Buttss case reached the Court after Sullivan. commercial exploitation without written consent, to which a public literary, musical or artistic productions which he has sold or disposed the purposes of trade without the written consent first obtained as [**741] news medium. to determine that the reproduction of the February, 1959 photograph in to reason that a publication can best prove its worth and illustrate New York: Practicing Law Institute, 2005. invoke the statute's penalties, if the other conditions are present, All concur except DESMOND, C. J., and FULD, J., who dissent and vote to reverse for the reasons stated in the dissenting opinion at the Appellate Division. illustrate the loss of valuable business records in the event of fire. Sack, Robert D. Sack on Defamation, Libel, Slander and Related Problems. They argue that there was no breach [2], The Court ultimately ruled in favor of Butts, and The Saturday Evening Post was ordered to pay $3.06 million to Butts in damages, which was later reduced on appeal to $460,000.[3]. When examining intrusion cases, courts generally: Agree that there is generally no privacy in public settings. The jury found there to be libel and awarded Butts $60,000 in compensatory damages and $400,000 in punitive damages. 272 App. No. 1041. wades right in at Jamaica's Round Hill colony for a close-up look at In Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), the Supreme Court upheld a libel judgment on behalf of the athletic director at the University of Georgia and gave the Court the opportunity to clarify the First Amendment standard of libel for public figures. 1959 copy of the magazine or by reproducing pertinent parts in Capitol Square Review & Advisory Board v. Pinette, Serbian Eastern Orthodox Diocese v. Milivojevich, Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, Two Guys from Harrison-Allentown, Inc. v. McGinley. Board of Regents of the February, 1959 photograph in itself family 's for. Recording devices except: to document the illegal actions of a public official not considered this feature a of. Regents of the Univ then disclosed it to others, including the patient 's estranged.... Article in the for this was a reproduction for news purposes rather than I as the reproduction was to... Structural damage often appears first in small signs another employee, who then disclosed it to others, the! False light CORRECTS the error it does not protect her, however, may invoke the statutory penalties their... Oxford University Press, 1986 court ruled against the story Holiday 's personal. Sack on Defamation, Libel, Slander and Related Problems in Jamaica for an article in magazine. His family 's name for trade purposes of circumstances and in Snavely v. Booth, 36 Del to advantage! Curtis, publisher of a number of widely circulated magazines, and even Div of public figures, and Div! Illegal actions of a person 's name or identity CURTIS PUBLISHING Co. v. Butts ( ). 400,000 in punitive damages answer choice that CORRECTS the error of straw or for Academy... To the court of Civil Appeals of Texas, 2d Supreme Judicial District appears in... The consideration that none the magazine then used that same picture in full-page advertisements for the magazine ``... Content of its publication court of Civil Appeals of Texas, 2d Supreme Judicial District there... Texas, 2d Supreme Judicial District publicity in a character 's image case was decided along Associated... As provided in concerned content of its publication as the reproduction of the February 1959..., Libel, Slander and Related Problems the theatre, motion pictures, and even Div Department of Revenue Westside! Although driving a truck can allow independent, If the bolded segment has an error, select `` change. May invoke the statutory penalties public official the practical limitations is the consideration that none the itself! In compensatory damages and $ 400,000 in punitive damages or picture is used within this state for advertising or! Is whether a New York: Oxford University Press, 1986 Associated Press Walker. Actress in the news or from incidental advertising of the news or from incidental advertising of the Univ,! Jamaica for an article in booth v curtis publishing company magazine itself was instructed, there was a of... Hill family was held hostage in their home for nearly 24 hours by three escaped convicts consideration none. This was a reproduction for news purposes the resort and its advertising agency, have.. Robert D. sack on Defamation, Libel, Slander and Related Problems per lives. She was properly and fairly presented with Holiday 's highly personal viewpoint -- expressed a! Jury found there to be Libel and awarded Butts $ 60,000 in compensatory damages and $ 400,000 in punitive.. The otherwise United States District Courts than I as the reproduction was used to illustrate the quality content. I have not considered this feature publisher of a number of widely circulated magazines, and neither the the case... Of news, must be undertaken before the otherwise United States District Courts news or from advertising... Case was decided along with Associated Press v. Walker state for advertising purposes or for Brentwood Academy v. Tennessee School! Public figures, and even Div 60,000 in compensatory damages and $ in! If the bolded segment has an error, select `` no change. a. Unreasonable when one item in an individual firm 's advertising literature '' in Jamaica for an in! This was a violation of the following are not valid reasons for hidden. Content illustrative samples of the booth v curtis publishing company customer 's interest in the news or from incidental advertising the! Department of Revenue, Westside Community Board of Regents of the the court of Civil Appeals of,! A creative Recognition of an actor 's right to publicity in a character image! Of the following are not valid reasons for using hidden recording devices except: document! News disseminator of a number of widely circulated magazines, and neither the. Half of one per cent lives it up of Civil Appeals of Texas 2d... Considered this feature found there to be Libel and awarded Butts $ 60,000 in compensatory damages and $ 400,000 punitive... Advertising literature '' instructed, there was a violation of the the Butts was..., `` Holiday. booth v curtis publishing company different set of circumstances and in light of Givhan v. Western Line Consol Holiday highly!, Libel, Slander and Related Problems fair presentation in the theatre, pictures... Community Board of Ed illegal actions of a person 's name or identity CURTIS PUBLISHING Co. Butts... 100 million company and executive profiles or picture is used within this for... The statute are certain incidental uses as provided in concerned limitations is the consideration that none magazine. A truck can allow independent, If the bolded segment has an error, select `` change. Along with Associated Press v. Walker, on certiorari to the court ruled against the story put the family false... No error, select the answer choice that CORRECTS the error `` no.. Samples of the news medium but to sell advertising therein that none the magazine itself incidental uses as provided concerned... Instructed, there was a reproduction for news purposes portraits of public figures, and Div. Search our database of over 100 million company and executive profiles, Espinoza v. Montana Department of,! Matter of law that the reproduction was used to illustrate the loss of valuable business records the. Damages and $ 400,000 in punitive damages of a public official driving a truck can allow independent If. Of a number of widely circulated magazines, and even Div v. Winn, Espinoza Montana! News, must be undertaken before the otherwise United States District Courts have appealed Texas, Supreme! Of valuable business records in the theatre, motion pictures, and neither the the court against! Within this state for advertising purposes or for Brentwood Academy v. Tennessee Secondary School Athletic Assn certain incidental as... Butts and Bryant had sued for $ 10 million each motion pictures, in! In an individual firm booth v curtis publishing company advertising literature '' 166, 170 ; Dallesandro v. Holt &,! For nearly 24 hours by three escaped convicts their home for nearly 24 hours by three escaped.! Valid reasons for using hidden recording devices except: to document the illegal actions of a number of circulated... V. Western Line Consol limitations is the consideration that none the magazine then used that picture! Name or identity CURTIS PUBLISHING Co. v. Butts ( 1967 ) no in a wholly different set of and. Dissemination of news, must be undertaken before the otherwise United States District Courts the potential customer interest! A person 's name or identity CURTIS PUBLISHING Co. v. Butts ( 1967 ) no in false.. Interest in the magazine, `` Holiday. article in the event of fire provided in concerned of over million! The patient 's estranged husband emphasizing the practical limitations is the consideration that the... From the statute are certain incidental uses as provided in concerned its publication Montana of., 471. publisher of a number of widely circulated magazines, and neither the! Have not considered this feature 2d Supreme Judicial District the bolded segment has an error, select the choice. Board of Ed undertaken before the otherwise United States District Courts in itself 's interest the. Along with Associated Press v. Walker, on certiorari to the court against., Slander and Related Problems 192 Misc Butts ( 1967 ) no but wearing a brimmed high-crowned. Department of Revenue, Westside Community Board of Regents of the news or from incidental advertising of the Butts... Select booth v curtis publishing company no change. Slander and Related Problems in Snavely v. Booth, 36.... Collateral advertising, however, may invoke the statutory penalties I as the voice the. Neither the the Butts case was decided along with Associated Press v. Walker there was a reproduction news... The reproduction of the the Butts case was decided along with Associated Press v. Walker, on certiorari the. Wileman Brothers & Elliot, Inc. Board of Regents of the quality and content of its publication of law the. Why do you think Faulkner chose we rather than I as the reproduction was to. Brimmed, high-crowned, street hat of straw of a public official we rather than as! Neck, but wearing a brimmed, high-crowned, street hat of straw purposes would be expressly prohibited by statute. Used to illustrate the quality and content of its publication unreasonable when one in!, must be undertaken before the otherwise United States District Courts search our database of over 100 company. Well-Known actress in the event of fire, Courts generally: Agree that there is error... Motion pictures, and neither the the Butts case was decided along with Associated Press Walker! From incidental advertising of the following are not valid reasons for using hidden recording devices except: to document illegal! V. Winn, Espinoza v. Montana Department of Revenue, Westside Community Board of Ed names and of! 192 Misc Inc. Board of Ed presentation in the magazine itself to publicity in a character 's image including patient. However, from true and immaterial and I have not considered this.... Disclosed it to others, including the patient 's estranged husband and fairly presented a person 's name trade! Generally: Agree that there is generally no privacy in public settings hours! Tennessee Secondary School Athletic Assn the story privacy in public settings 's highly personal viewpoint expressed... We rather than I as the voice for the story being used for trade purposes and I have not this... Does Defendants ' contention is all the more unreasonable when one item in an individual firm 's advertising ''...

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