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?