Opinion · New York Court of Appeals

Namath v. Sports Illustrated

39 N.Y.2d 897

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1976-06-08
Topic
international-arbitration

How later courts describe this case

  • “The use of plaintiffs photograph was merely incidental advertising of defendants’ magazine in which plaintiff had earlier been properly and fairly depicted.”
  • republication, for “sheer advertising and solicitation” purposes, of newsworthy photograph of Joe Namath is “incidental advertising” not prohibited by the statute
  • no liability where newsworthy photographs of professional football player were reprinted in advertising for magazine subscriptions

Citator

UpLaw has not yet analyzed Namath v. Sports Illustrated. The absence of a flag is not a finding that it is good law.

Cited by
31 opinions

Order affirmed, with costs, on the opinion by Mr. Justice Louis J. Capozzoli at the Appellate Division (48 AD2d 487).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.