Narrative Opinion Summary
The case of Whisper Wear, Inc. v. Morgan revolves around allegations of unauthorized use of model Tiffany Morgan's photographs by Whisper Wear for national advertising and internet promotions. Whisper Wear hired James Chatwin to organize the photo shoot, with the assumption that necessary rights would be secured. However, the photographs were used beyond the scope authorized by the contractual agreement between Morgan and Chatwin. Morgan, represented by Arlene Wilson Management (AWM), filed a lawsuit claiming breach of contract, fraud, rescission, and misappropriation. The trial predominantly addressed the misappropriation claim, resulting in a jury awarding Morgan $25,000 in damages, though attorney fees were later dismissed by the trial court. Whisper Wear's motions for a directed verdict and judgment notwithstanding the verdict were denied, as the court found substantial evidence conflicts, particularly regarding the interpretation of the release and voucher documents. The appeals court upheld the trial court’s decisions, emphasizing the supremacy of the voucher's restrictions over the general release. Furthermore, the measure of damages was deemed appropriate based on advertising value metrics, as testified by AWM's director. Morgan's motion for a frivolous appeal was denied, with the court recognizing the legitimacy of the controversy. The judgment was affirmed, with Justices Miller and Ellington concurring.
Legal Issues Addressed
Bona Fide Controversy in Frivolous Appeal Claimssubscribe to see similar legal issues
Application: Morgan's motion for a frivolous appeal was denied, as the court found the case to involve a bona fide controversy.
Reasoning: Additionally, Morgan's motion for a frivolous appeal is denied, as the trial court deemed the case a bona fide controversy.
Directed Verdict and Judgment Notwithstanding the Verdictsubscribe to see similar legal issues
Application: Whisper Wear's motions for a directed verdict and judgment notwithstanding the verdict were denied due to conflicting evidence, particularly between the voucher and release documents.
Reasoning: Whisper Wear's appeal against the trial court's denial of its motions for a directed verdict and judgment notwithstanding the verdict (j.n.o.v.) was affirmed.
Measure of Damages in Misappropriation Claimssubscribe to see similar legal issues
Application: The court upheld the jury's damages award based on the advertising value of Morgan's likeness, despite Whisper Wear's contention that the amount was disproportionate.
Reasoning: The measure of damages in a misappropriation of likeness claim is based on the advertising value derived from the use of the likeness.
Misappropriation of Likenesssubscribe to see similar legal issues
Application: The court affirmed the jury's finding that Whisper Wear's unauthorized use of Morgan's photographs constituted misappropriation of likeness, an invasion of privacy.
Reasoning: Morgan's claim against Whisper Wear was valid, asserting misappropriation of her likeness, which constitutes an invasion of privacy.
Supremacy Clause in Contractual Agreementssubscribe to see similar legal issues
Application: The court found that the voucher's supremacy clause, which required negotiation for commercial use of Morgan's photographs, overrode the release signed by Morgan.
Reasoning: The jury determined that the voucher took precedence over the release, finding that Whisper Wear improperly used Morgan's photographs for commercial purposes without permission.