Side-by-side comparison of photo of plaintiff Darryl McPherson and Samuel Olayombo's painting "Slum Flower Titus." Image from court documents Decision of the Day: Use of Plaintiff's Likeness in Apparel May Violate New York's Privacy Protections, Judge Finds
This ruling was selected and summarized by the New York Law Journal's decisions editors.
August 16, 2024 at 01:30 PM
2 minute read
Plaintiff Darryl McPherson brought a claim that his image bearing his likeness was used, without his consent, in apparel sold by defendant Kith Retail.
According to court papers, McPherson agreed to photographed by a New York Times photographer on Aug. 25, 2018 while he was in attendance to Brooklyn's Afropunk Festival. In 2022, Kith entered into a license agreement with Samuel Olayombo for his painting "Slum Flower Titus," which allegedly bears similarities to the Times' photo of McPherson.
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