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Gene Simmons's Ex Sues
Highest Court New York Supreme Court
Year Ended 2005
Plaintiffs Girlfriend of Artist(s)
Defendants Simmons, Gene
Viacom
Other KISS
Short Description Plaintiff, now married, was a former sexual and romantic partner of Gene Simmons, lead singer for the glam/metal/theatrical rock act KISS, prior to and after formation of the band. Plaintiff sued various television entities for defamation and violation of her right of publicity when her relationship with Simmons was portrayed in a VH-1 documentary about the band. The caption for the segment in which she appeared was "24 Hour Whore" (classy, VH-1, classy), though this comment was intended to implicate Simmons as the whore, not Plaintiff. Plaintiff's photograph was shown on screen while Simmons discussed his promiscuity, sleeping with any woman, no "matter who they were, what size, shape or anything." The court denied Defendants' motion to dismiss, saying the feature was susceptible to defamatory meaning. Simmons' promiscuity could certainly be imputed by viewers onto Plaintiff (and even if not, it certainly made her seem "unchaste"). Regarding Plaintiff's publicity claim, however, the court found Defendants' use of her likeness was not "for advertising purposes," and thus the claim was dismissed. - LSW

Legal Issues
Torts Dignitary Torts Defamation & Injurious Falsehood
  Privacy Torts Commercial Misappropriation of Name/Likeness


Opinions Ward v. Klein
809 N.Y.S.2d 828
New York Supreme Court , November 09, 2005 ( _ )


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Related Searches Parties
Girlfriend of Artist(s) ( Plaintiff )
KISS ( Other )
Simmons, Gene ( Defendant )
Viacom ( Defendant )

Legal Issues
Torts / Dignitary Torts / Defamation & Injurious Falsehood
Torts / Privacy Torts / Commercial Misappropriation of Name/Likeness

Courts
New York Supreme Court (highest court)


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