Jennifer Gaeta | Bloomberg Law Maremont v. Susan Fredman Design Group, Ltd., No. 10-CV-07811, 2011 BL 308612 (N.D. Ill. Dec. 7, 2011) The U.S. District Court for the Northern District of Illinois denied the parties' motions for summary judgment as to the Lanham Act and Stored Communications Act claims, finding that discovery was ongoing on the issue of actual damages. The court did, however, grant defendants summary judgment on plaintiff's right of publicity claim, finding that the defendants had not actually appropriated her identity. The court also granted defendants summary judgment as to plaintiff's privacy claim, because the communications at issue were not about private matters.
Chicago Designer Impersonated in Tweets and Posts
Court Denies Summary Judgment on Lanham Act Claim
Although promoting SFDG on Facebook and Twitter was part of Maremont’s marketing strategy while she was employed as SFDG’s Director of Marketing, Public Relations, and ECommerce, it is undisputed that Maremont created a personal following on Twitter and Facebook for her own economic benefit and also because if she left her employment at SFDG, she would promote another employer with her Facebook and Twitter followers.
Court Denies Parties Summary Judgment on Stored Communications Act Claim
The SCA provision at issue states that whoever (1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or (2) intentionally exceeds an authorization to access that facility and by doing so obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system violates the SCA.
Court Grants Defendants Summary Judgment on Right of Publicity Claim
Court Grants Defendants Summary Judgment on Privacy Claim
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