Welcome

Thanks for stopping by my little place on the web. This parking spot is not for me to rant (though there will certainly be some of that), but as a place for my former and current students to converse about the full gamut of law school questions and about the class assignments and goals: you know I feel that conversation is the best learning experience.

So, follow. Check in every few days and chat away: anything is fair game (remember, I live vicariously through all your wild lives). To start, some of you already in law school can express some wisdom since decision time is beginning to arrive for this year’s seniors, and those of you currently being abused can ask the world your questions about the class assignments.

This is for you. Enjoy.

-Prof. B.

Monday, April 2, 2012

Is This Not Commercial Appropriation?


Woman Sues Vodka Company for Using Likeness in 'Rape' Ad

LOS ANGELES (KTLA) -- A vodka company is apologizing for a controversial ad that appears to show a woman about to be date-raped.

But the apology is not enough for the woman pictured in the ad. She's suing Belvedere Vodka for negligent infliction of emotional distress, and misappropriation of likeness.

Alicyn Packard is a vocal actress living in Los Angeles whose likeness was used in the Belvedere ad.
The ad seems to show her fighting off the advances of a would-be suitor, with the ad line superimposed: Unlike Some People, Belvedere Always Goes Down Smoothly.

Packard never gave her permission for her likeness to be used.

In fact, the image of her was stolen from a comic on-line video by her production company, Strictly Viral Productions.

"The repercussions have been huge," Packard told KTLA in a phone interview. "It's been a really terrible experience. The whole thing."

Belvedere has apologized for the ad. The president of the company has been quoted as saying about the ad, "It never should have happened."

But Packard said the company has not apologized to her -- and even if it did, that would hardly be adequate.

"To be affiliated with an ad that's so offensive to so many has just been horrible," Packard said. "I just want to distance myself from the ad as much as possible."


http://www.ktla.com/news/landing/ktla-woman-sues-vodka-ad,0,179639.story?hpt=ju_bn6