From Judge Corey Maze (N.D. Ala.) yesterday in Garmon v. Google LLC (note that, though plaintiff is pro se, he is a lawyer, and indeed had represented Senate candidate and former Alabama Supreme Court Justice Roy Moore):
Trenton Garmon filed his third complaint against Google LLC and asks the court to enjoin Google and award him $8 billion….
Google, as likely all readers know, is an internet search engine…. If you … type "Trenton Garmon" into Google's search bar, you will receive images, links, and articles about the plaintiff. According to Garmon, this shows Google's unauthorized use of his indicia that is both defamatory and violates Alabama privacy laws. So Garmon sued Google. The court dismissed Garmon's first amended complaint for failing to state a claim and gave Garmon a chance to refile and fix his pleading deficiencies. Garmon has since filed a third amended complaint, which Google moves to dismiss with prejudice….
Garmon alleges … that Google violated Alabama's Right of Publicity Statute …:
[A]ny person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciting purchases of, products, goods, merchandise, or services, or for purposes of fundraising or solicitation of donations, or for false endorsement, without consent shall be liable under this article to that person, or to a holder of that person's rights
By its plain text, the ARPS only prohibits commercial use of a person's "indicia of identity" without his consent in one of four ways:
