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Abstract

Section 51 of the New York Civil Rights Law provides that: "Any person whose name, portrait or picture is used . . . for advertising purposes or for the purposes of trade without the written consent first obtained . . . may maintain an equitable action . . . to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . . " Held, publication by defendant of a newsreel showing plaintiff and other stout women exercising in a gymnasium with the aid of unique and novel apparatus is not an advertising or trade use within the meaning of the statute. Sweenek v. Pathe News, Inc., (D. C. N. Y. 1936) 16 F. Supp. 746.

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