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W.Va. man sues over use of mugshot [photoshop]
PhillyBurbs.com ^ | Nov 30 2009 | staff reporter

Posted on 11/30/2009 10:14:01 AM PST by Daffynition

A McMechen man whose mugshot won a measure of Internet fame is planning to sue companies he says are profiting from the image.

Patrick Tribett was arrested in Bellaire, Ohio, in 2005. Police say he had been huffing the fumes from gold spraypaint, and the lower half of his face was golden in his mugshot.

New Martinsville lawyer H. John Rogers says the image has appeared on T-shirts, coffee mugs and even a billboard in Europe.

[snip]

(Excerpt) Read more at phillyburbs.com ...


TOPICS: Business/Economy; Humor; Society
KEYWORDS: lawsuit; mugshot; photoshop; spraypaint
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To: 50mm
huffterror

What? Me worry?

121 posted on 12/01/2009 6:05:31 PM PST by Nateman (If liberals aren't screaming you're doing it wrong.)
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To: Nateman

122 posted on 12/01/2009 6:21:42 PM PST by 50mm (AARP is a steaming pile)
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To: Nateman

123 posted on 12/01/2009 6:26:43 PM PST by 50mm (AARP is a steaming pile)
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To: 50mm

124 posted on 12/01/2009 6:39:12 PM PST by 50mm (AARP is a steaming pile)
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To: 50mm

125 posted on 12/01/2009 6:48:49 PM PST by 50mm (AARP is a steaming pile)
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To: 50mm
cheatinghuff
126 posted on 12/01/2009 6:57:06 PM PST by Nateman (If liberals aren't screaming you're doing it wrong.)
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To: Nateman

You owe me a new keyboard! LOL


127 posted on 12/01/2009 6:58:18 PM PST by 50mm (AARP is a steaming pile)
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To: Nateman

LOL!


128 posted on 12/01/2009 7:47:52 PM PST by Eaker (Kaiden sez, "If you have a problem and If explosives are an option then explosives are THE answer.")
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To: Eaker

LOL!


129 posted on 12/01/2009 8:17:02 PM PST by kanawa
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To: Ptarmigan

Bunnies luv Beavis and Butt-Head.


130 posted on 12/01/2009 9:29:05 PM PST by Slings and Arrows (Jew, conservative, and proud supporter of Israel.)
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To: Nateman; 50mm


131 posted on 12/01/2009 9:50:40 PM PST by Freedom2specul8 (Vote conservative....Please pray for our Troops, our Vets, our Country, Families and Friends)
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To: Slings and Arrows

Bunnies=Nature’s Freaks


132 posted on 12/01/2009 10:34:07 PM PST by Ptarmigan (God Hates Bunnies. God Loves Ptarmigans)
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To: Ptarmigan

Good to see that you’re still in form.


133 posted on 12/01/2009 11:58:33 PM PST by Slings and Arrows (Jew, conservative, and proud supporter of Israel.)
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To: SnakeDoctor
The case is dead in the water anyway. The image is public domain.

However the right of publicity may come into play and he might have a case under that doctrine depending on the state he lives in that he is suing commercial firms for using his image in billboards and other advertising.

Quote: "The right of publicity is generally defined as an individual's right to control and profit from the commercial use of his/her name, likeness and persona, which shall be referred to in this article as the "individual's identity". Protecting the individual from the loss of commercial value resulting from the unauthorized appropriation of an individual's identity for commercial purposes is the principle purpose of this body of law."

134 posted on 12/02/2009 12:13:32 AM PST by FreedomCalls (It's called the "Statue of Liberty" and not the "Statue of Security.")
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To: Eaker; Nateman

135 posted on 12/02/2009 3:12:52 AM PST by Daffynition (What's all this about hellfire and Dalmatians?)
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To: JoeProBono

136 posted on 12/02/2009 3:13:52 AM PST by Daffynition (What's all this about hellfire and Dalmatians?)
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To: a fool in paradise
Can you make Charles Manson collectible toys without “clearance” from his organization?

Bit if trivia - Charles Manson also lived in McMechen, WV for a while.

137 posted on 12/02/2009 3:16:45 AM PST by Hacksaw
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To: FreedomCalls

>> Protecting the individual from the loss of commercial value resulting from the unauthorized appropriation of an individual’s identity for commercial purposes is the principle purpose of this body of law.

It is this portion of your quotation which makes me think he has no case whatsoever. If this was an unauthorized public domain image of a celebrity, it would make sense. But, he doesn’t stand to lose any commercial value from this because his image had no commercial value.

SnakeDoc


138 posted on 12/02/2009 6:13:38 AM PST by SnakeDoctor ("Talk low, talk slow, and don't say too much." -- John Wayne)
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To: Slings and Arrows; Ptarmigan

The rabbit has a charming face:
Its private life is a disgrace.
I really dare not name to you
The awful things that rabbits do;
Things that your paper never prints -
You only mention them in hints.
They have such lost, degraded souls
No wonder they inhabit holes;
When such depravity is found
It only can live underground.


139 posted on 12/02/2009 5:45:17 PM PST by Harmless Teddy Bear (I miss the competent fiscal policy and flag waving patriotism of the Carter Administration)
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To: Harmless Teddy Bear; Ptarmigan

140 posted on 12/02/2009 11:37:39 PM PST by Slings and Arrows (Jew, conservative, and proud supporter of Israel.)
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