Is a mistake or inadvertence a defense against commercial appropriation at common law?
California, United States of America
The following excerpt is from Polydoros v. Twentieth Century Fox Film Corp., 57 Cal.App.4th 795, 67 Cal.Rptr.2d 305 (Cal. App. 1997):
2 The difference between the common law and the statutory actions is that section 3344 requires a knowing use of the plaintiff's name or likeness, whereas mistake and inadvertence are not a defense against commercial appropriation at common law. (Eastwood v. Superior Court (1983) 149 Cal.App.3d 409, 417, fn. 6, 198 Cal.Rptr. 342.)
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