NRS
597.770 Definitions. As
used in
NRS 597.770 to
597.810, inclusive:
1. “Commercial use” includes the use of
the name, voice, signature, photograph or likeness of a person on or in any
product, merchandise or goods or for the purposes of advertising, selling or
soliciting the purchase of any product, merchandise, goods or service.
2. “Governmental agency” means the
Commission on Tourism of the Department of Tourism and Cultural Affairs and a
governmental entity in a county whose population is 100,000 or more that has as
a statutory purpose, power or duty the promotion of travel or tourism in this
state and that employs photographers full-time or by contract to take pictures
to promote travel and tourism, portray historical events or commemorate persons
or physical sites that are significant in the history of the state.
3. “Person” means a natural person.
(Added to NRS by 1989,
1608; A 1995,
1645)
Notes of Decisions
Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., 778 F.3d 1059 (9th Cir. 2015).
“§ 1125 (a), (3) common law trademark infringement, (4) unauthorized commercial use of right to publicity under Nev. Rev. Stat. § 597.770 et seq., and (5) intentional interference with prospective economic advantage.”
Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., 688 F. Supp. 2d 1148 (D. Nev. 2010).
· cites it 3× “Nev.Rev.Stat. § 597.770 et seq. The right of publicity “endures for a term consisting of the life of the person and 50 years after his death, regardless of whether the person commercially exploits the right during his lifetime.”
Prima v. Darden Restaurants, Inc., 78 F. Supp. 2d 337 (D.N.J. 2000).
“Except in certain limited circumstances, which basically implicate the Free Speech Clause of First Amendment of the United States Constitution, the use of another’s name, voice, signature, photograph or likeness requires the person’s written consent.”
K & K Promotions, Inc. v. Disney Enter., Inc. (D. Nev. 2021).
· cites it 4× “It also 19 brings Nevada common law claims for trademark infringement/unfair competition, unjust 20 enrichment, and a claim of right to publicity under NRS 597.770. Disney now moves to 21 dismiss K&K’s claims in full under Rule 12(b)(6) for failure to state a claim.”
Sessa v. Ancestry.com Operations Inc. (D. Nev. 2021).
· cites it 3× “23 Plaintiffs raise the following claims based upon Ancestry’s alleged use of Plaintiffs’ 24 names, images, likenesses, and personal information for the purpose of advertising, selling, and 25 soliciting subscriptions to the Yearbook Database: (1) violation of the Nevada Right…”
Sears v. Russell Road Food & Beverage, LLC (D. Nev. 2020).
· cites it 2× “They also argue that if a shorter limitation period applies, their claims are 17 nevertheless timely under the continuing tort doctrine. 18 Nevada has enacted a statutory cause of action for the unauthorized use of a person’s 19 rights of publicity in his or her name, voice,…”
Moreland v. Goldy LLC (D. Nev. 2021).
· cites it 2× “at 1072 11 (quoting Nev. Rev. Stat. § 597.770 (1)). Plaintiffs have satisfied these elements.”
Pruchnicki v. Envision Healthcare Corp. (D. Nev. 2020).
“13 Rather than provide any explanation of these markets or the value of her information, 14 plaintiff supports her argument by citing NRS 597.770, which “provides that there is a ‘right of 15 publicity’ in, among other things, a person’s name .”
Sessa v. Ancestry.com Operations Inc. (D. Nev. 2024).
“In that Order, the Court dismissed all claims 1 against Ancestry except the claim brought under Nevada’s right of publicity statute, NRS 2 § 597.770. (See generally id.). The Order also found that the Court had personal jurisdiction 3 over Ancestry under the purposeful direction…”
— Nev. Rev. Stat. § 597.770(1) — 3 cases
Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., 688 F. Supp. 2d 1148 (D. Nev. 2010).
“Nev.Rev.Stat. § 597.770 et seq. The right of publicity “endures for a term consisting of the life of the person and 50 years after his death, regardless of whether the person commercially exploits the right during his lifetime.”
Sears v. Russell Road Food & Beverage, LLC (D. Nev. 2020).
“They also argue that if a shorter limitation period applies, their claims are 17 nevertheless timely under the continuing tort doctrine. 18 Nevada has enacted a statutory cause of action for the unauthorized use of a person’s 19 rights of publicity in his or her name, voice,…”
Sessa v. Ancestry.com Operations Inc. (D. Nev. 2021).
“23 Plaintiffs raise the following claims based upon Ancestry’s alleged use of Plaintiffs’ 24 names, images, likenesses, and personal information for the purpose of advertising, selling, and 25 soliciting subscriptions to the Yearbook Database: (1) violation of the Nevada Right…”
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