Seventh Circuit Rules Model’s Right of Publicity Claim Not Pre-Empted

The Seventh Circuit has ruled that model June Toney’s state right of publicity claim under an Illinois statute (the Illinois Right of Publicity Act) is not pre-empted by federal law and has remanded the case to the district court. In Toney v. L’Oreal Corporation, the court found that Toney had made clear that she had not consented to the continued use of her image, thus that Baltimore Orioles v. Major League Baseball Players Association can be distinguished from this case. Read the entire opinion here.