The following excerpt is from Groucho Marx Productions, Inc. v. Day and Night Co., Inc., 689 F.2d 317 (2nd Cir. 1982):
In Lugosi v. Universal Pictures, 160 Cal.Rptr. 323, 603 P.2d 425, we hold that the right of publicity protects against the unauthorized use of one's name, likeness or personality, but that the right is not descendible and expires upon the death of the person so protected. Lugosi controls the disposition of the present case and makes it unnecessary to discuss any further issues raised by the parties.
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