Olive v. General Nutrition Centers, Inc.

The Court of Appeal affirmed the trial court's judgment and order denying prevailing party attorney fees in an action filed by plaintiff alleging that GNC used his likeness in its advertising campaign after its right to do so had expired. The court held that the trial court correctly rejected plaintiff's proposed special jury instruction regarding the burden to apportion GNC's profits associated with the unauthorized use of his likeness; the trial court did not misinterpret the burden of proof set forth in section 3344 and the testimony of plaintiff's experts were property excluded; and the trial court properly concluded that there was no prevailing party. View "Olive v. General Nutrition Centers, Inc." on Justia Law