In the case of White v. Samsung Electronics America, Inc.
(989 F.2d 1512 (9th Cir. 1993), a game show host named Vanna White
sued for infringement of her right of publicity over a billboard by
Samsung. The billboard did not depict White in anyway, but showed a robot
hosting the game show in the future (when Samsung products would still be
functioning). The Court found that this was an unacceptable infringement on
White's right to publicity. Although the billboard did not use White's
name or likeness, the Court found that it was reminiscent enough to constitute
an infringement.
This decision has been strongly criticized for going to
far in protecting the right to publicity. In a dissent, it was
argued that this decision represents an impermissible restriction on the 1st
Amendment and fair use.
If it is a violation of the law to even remind the
public about someone, is there any fair use left?