Sec. On July 31, 1989, the restaurant opened for business. 1199, 1201 (1986). info@peoplesdefender.com Verne maintains relationships with many people -- family, friends, associates, & neighbors -- including George Mcfarland, Doris Mcfarland, Betsy Mcfarland, Lanae Mcfarland and Deborah Mcfarland… Accordingly, we will remand to the district court with instruction to vacate the summary judgment entered in favor of Miller and Anaconda and for further proceedings consistent with this opinion. Presley, 513 F. Supp. 152 records for Doris Mcfarland. Sec. Rejecting the common law maxim actio personalis moritur cum persona,10  the court held that where the cause of action accrues during the lifetime of the individual, the personal representative could continue the defamation action. If the defamation action survives, the publicity action does so a fortiori because the right of publicity has become largely proprietary, not personal as in defamation. In Canessa v. J.I. 1975) (comic duo Stan Laurel and Oliver Hardy had common law right of publicity in on-screen images). Am., Inc., 989 F.2d 1512, 1515 (9th Cir. The very act of taking it for that purpose demonstrates the name itself has worth. 1456 (1956). In 1987, Turner Entertainment Company purchased M-G-M properties and now jointly licenses Our Gang/Little Rascals merchandise with King World. denied, 346 U.S. 816, 74 S. Ct. 26, 98 L. Ed. The court of appeals agreed and reversed an order granting summary judgment to Samsung. See Leonard Maltin & Richard Bann, The Little Rascals: The Life and Times of Our Gang 118 (1992). 1339 (D.N.J. 1982); Price v. Hal Roach Studios, Inc., 400 F. Supp. There is no individual or entity presently before this court that has superior claim to the publicity value of the nickname Spanky. In Fasching v. Kallinger, 211 N.J.Super. "The court determines first the governmental policies evidenced by the laws of the related jurisdiction and second the factual contacts between the parties and each related jurisdiction." 343 (1953); Lugosi v. Universal Pictures, 25 Cal. at 1399. People Search, Background Checks, Criminal Records, Contact Information, Public … Tellado v. Time-Life Books, Inc., 643 F. Supp.

), or a funny intro to the story, Disney knows how to pack emotions into a monologue. Select this result to view George Aaron McFarland… at 1396. ), cert. M-G-M subsequently assigned the rights to the Little Rascals to King World Productions. (granting injunctive relief and damages, resolved by a consent order and dismissed); McFarland v. Falango, CV-92-2177 (E.D.N.Y.) Rptr. Born: 2-Oct-1928 Birthplace: Dallas, TX Died: 30-Jun-1993 Location of death: Grapevine, TX Cause of death: Heart Failure Re. The nickname "Spanky" remained identified with McFarland throughout his movie career. The value of that right is what the market would pay to receive such an endorsement. Friends and family may pay their respects during visiting hours on Thursday from 6-8 p.m. at the Church of God. Palmer, 232 A.2d at 462. The names of plaintiffs have become internationally famous, undoubtedly by reason of talent as well as hard work in perfecting it. See Maltin, supra note 3 at 262. The producer picked up on this nickname and the "Our Gang" series then used "Spanky" as the name of the character McFarland played. We must therefore consider it on the merits. 1987). McFarland renegotiated his contract in 1938 and remained with the Gang until 1942. Id. at 1355; Canessa v. J.I. It is with great sadness that we announce the death of Doris McFarland (Peebles, Ohio), born in Blue Creek, Ohio, who passed away on December 2, 2019, at the age of 85, leaving to mourn … In addition to her parents, Doris was preceded in death by her husband, George McFarland, who passed in 2002; her son, Gary McFarland; two brothers, Bill Bennington and Max Bennington; and a sister, Betty Greiner. 72, 232 A.2d 458 (1967) (failing to characterize right as one of property). White v. Samsung Elecs. Funeral arrangements are being handled by the Wallace-Thompson Funeral Home. denied, 351 U.S. 926, 76 S. Ct. 783, 100 L. Ed. 1974). Pursuant to Federal Rule of Appellate Procedure 43(a), McFarland's wife and personal representative, Doris, has been substituted as a party, The caption of this case indicates that the appellees are Miller and "Andaconda, Inc." However, in the answer to the complaint, as well as the bankruptcy order lifting the automatic stay and permitting this appeal to proceed, "Andaconda" is referred to as "Anaconda." The agreement was similar to those entered into by other studio employees, see Price v. Hal Roach, Studios, Inc., 400 F. Supp. Generally, an order denying a motion for summary judgment is not appealable; however, it becomes so "when accompanied by an order granting a cross motion for summary judgment." of Teamsters, 969 F.2d 1436, 1440 (3d Cir.) The "right of publicity" "signif [ies] the right of an individual, especially a public figure or a celebrity, to control the commercial value and exploitation of his name and picture or likeness and to prevent others from unfairly appropriating this value for commercial benefit." We do not believe, under the record presented on this motion for summary judgment, that the 1936 contract as written could divest McFarland of all proprietary interest in the exploitation of his own name, assuming McFarland establishes the connection between the name utilized by Miller and McFarland as an individual. 56:8-1 to 2 (West 1979). When Miller appropriated the name Spanky McFarland and McFarland's likeness in pursuit of a commercial goal, McFarland became entitled to the same protection the New Jersey courts gave in Edison, Canessa, and Palmer. Defendant has made them so, for it has taken them for its own commercial benefit." Sec. The evidence Miller presented concerning his disclosure of his intended use to the successor to the Studio's rights on the 1936 contract and the absence of objection on its part do not help him. One of four children of Robert Emmett McFarland and his wife, the former Virginia … We conclude that by virtue of his on-screen portrayal of a cherubic boy in the "Our Gang" comedy series, McFarland developed an exploitable interest to which he may lay claim if he can persuade a fact finder that he has become identified with the name Spanky. 2d 965 (1977) (identifying right of publicity as proprietary interest in performer's actions); Haelan Lab., Inc. v. Topps Chewing Gum, Inc., 202 F.2d 866, 868 (2d Cir.) at 344, 603 P.2d at 444 (Bird, C.J., dissenting) ("Substantial publicity value exists in the likeness of [famous actors] in their character roles. See 28 U.S.C.A. If McFarland can demonstrate his identification with the name "Spanky," we do not think New Jersey law would permit Miller to appropriate the nickname Spanky for his own commercial advantage without McFarland's consent, in the absence of a valid license or assignment from the true owner. As Spanky, McFarland also endorsed the products of a boot company, promoted Republic studios, participated in celebrity events, performed at college campuses, signed autographs at shows and derived income from "Spanky McFarland's Bar-B-Que" and "Spanky's Clubhouse," two Oklahoma City, Oklahoma, restaurants. Much as the court observed in Price, "we deal here with actors portraying themselves and developing their own characters...." Price, 400 F. Supp. Doris McFARLAND, in her capacity as personal representative of the Estate of George "Spanky" McFarland, Appellant (per Court's 9/21/93 Order) v. Joseph MILLER, an individual; Andaconda, Inc., t/a Spanky McFarland… As far back as 1909, New Jersey recognized an individual's proprietary interest in the use of his or her name and appearance to endorse or sell a product. See Carlos V. Lozano, West Loses Lawsuit Over Batman TV Commercial, L.A. Times, Jan. 18, 1990, at B3 (Actor Adam West failing in bid to stop retail chain from using a Batman in a commercial that West argued invoked his portrayal). denied, 117 N.J. 156, 564 A.2d 875 (1989). Kislak, Inc., 97 N.J.Super. 937-544-2391 The district court had subject matter jurisdiction under 28 U.S.C.A. This restaurant also utilized McFarland's image as it appeared in his "Our Gang" days. Father: Robert McFarland Mother: (d. 1993) Brother: Thomas Emmett McFarland (d. 1982) Wife: Doris (one son) Son: Emmett Vogan McFarland … Co., 73 N.J.Eq. George is related to S McFarland and Saundra J Smoot as well as 3 additional people. See McFarland v. E & K Corp., Civ. The 1936 contract does not seek to convey such publicity rights in perpetuity.16  Thus, McFarland has alleged facts that would support rights superior to Miller, and the 1936 agreement is ineffective in providing Miller with a defense to McFarland's claim of infringement.17. In reviewing an order granting or denying a motion for summary judgment, "the appellate court is required to apply the same test the district court should have utilized...." Goodman v. Mead Johnson & Co., 534 F.2d 566, 573 (3d Cir. George married Mollie Mcfarland. 1988). On them, there also remain disputed material facts. West's association with the role of Batman or Johnny Weismuller's with the role of Tarzan is different than McFarland's identification with Spanky. In New Jersey, McFarland's claim to a right of publicity sounds in tort. denied, --- U.S. ----, 113 S. Ct. 660, 121 L. Ed. In the restaurant, Miller has over 1,000 photos of movie characters including some of the "Little Rascals." at A-12. She was born Doris … John P. Fullam, District Judge of the United States District Court for the Eastern District of Pennsylvania, sitting by designation, During the pendency of this appeal, the initial plaintiff, George McFarland, passed away. Accordingly, summary judgment was inappropriate. Miller stated in his deposition that he commissioned a copyright and trademark search that yielded no conflict. 1991). 1975). Doris leaves behind two grandsons, Chad (Sara) McFarland and Shaun (Becca Henry) McFarland, both of Peebles. The professional and economic interests in controlling the commercial exploitation of their likenesses while portraying these characters are identical to their interest in controlling the use of their own 'natural' likeness.").13. of Third Circuit opinions. West Union, Ohio 45693 Maltin, supra note 3 at 282, McFarland admitted in deposition that there was a time when he attempted to distance himself from his screen persona and identified himself simply as George McFarland in his business activities. Subscribe to Justia's Free Summaries In 1938, the Studio sold the entire "Our Gang" series, directors, writers, talent contracts and all, to Loew's Inc., (a/k/a Metro-Goldwyn-Mayer). 26, 510 A.2d 694, 700-01 (1986), the court had held that neither the dead nor their relatives had any cause of action for defamation because defamation inflicts a harm that is personal to the individual. We will call the appellee "Anaconda" in this opinion, The "Our Gang" series ultimately spanned 221 films and three decades. In the instant case, it is undisputed that Miller utilized McFarland's nickname "Spanky" in a commercial manner, It is for this reason that the district court relied on the 1936 contract to define the rights of the parties, While this issue would have controlled Lugosi, the court instead held that any exploitable proprietary interest Bela Lugosi had in his portrayal of Count Dracula did not descend to his personal representative, Justice Mosk contrasted that case with Gregory Peck's role as General MacArthur, George C. Scott's role as General Patton, James Whitmore playing Will Rogers and Charlton Heston playing Moses, as well as Bela Lugosi as Dracula. "); Sheldon W. Halpern, The Right of Publicity, Commercial Exploitation of the Associative Value of Personality, 39 Vand. Two New Jersey defamation cases support this conclusion. Presley, 513 F. Supp. 136, 67 A. ... George McFarland 1876 George McFarland in 1891 Canada Census. Furthermore, the establishment's menu makes numerous references to the characters.8  McFarland never consented to the restaurant's use of his name or likeness. 1981). See Canessa, 235 A.2d at 76 (" 'If there is value in it, sufficient to excite the cupidity of another, why is it not the property of him who gives it the value and from whom the value springs?' Wife. at 330, 603 P.2d at 432 (Mosk, J., concurring) ("Merely playing a role [such as Bela Lugosi as Dracula] ... creates no inheritable property right in an actor, absent a contract so providing."). Included in the appearances as Spanky were a 1958 stint hosting an "Our Gang" revival in Tulsa, Oklahoma, a 1984 appearance at the Academy Awards where he presented a special Oscar to Hal Roach, and an April 22, 1993, appearance on the television series Cheers. Still, we think the district court grasped the wrong bundle when it concluded that McFarland had no interest in the exploitation of the image or name Spanky McFarland. 836, 839-43 (S.D.N.Y. We will, therefore, remand this case to the district court in order to determine whether McFarland is inextricably linked to the name and image of Spanky McFarland. While originality plays a role, a court should also consider the association with the real life actor. Id. See Lugosi, 160 Cal. 1983). It reasoned whatever right George McFarland ever had to exploit the name Spanky McFarland passed to the Studio in 1936. There, the court concluded that the common law right of publicity is descendible under New Jersey law. 1986); Bisbee v. John C. Conover Agency, 186 N.J.Super. The style may be somewhat archaic, but the contract's import is clear. 360, 362, 371 (S.D.N.Y. George McFarland, who played Spanky in the "Our Gang" movies, won a posthumous victory in a battle to protect the image he developed as a chubby child actor in a beanie. 1992), cert. Doris McFarland in Her Capacity as Personal Representative of the Estate of George "Spanky" McFarland (Per Court's 9/21/93 Order) v. Joseph Miller, an Individual Andaconda, Inc., T/a Spanky … Related To Carol Mcfarlane, Andrew Mcfarlane, Doris Mcfarlane, Ruth Mcfarlane, Ian Mcfarlane Also known as Neil Mc Farlane, George Mcfarlane, N Mcfarlane, Neil G Mcfarland, Neil Mc Farland … In Palmer the court observed, "It is unfair that one should be permitted to commercialize or exploit or capitalize upon another's name, reputation or accomplishments merely because the owner's accomplishments have become highly publicized." We disagree. at 845. While others may be able to claim that they were entirely responsible for the value of the name and image or, by assignment, own the right to exploit the publicity value of the name and image of Spanky McFarland, Miller has no such claim or defense. Certainly if McFarland had a proprietary interest in the name Spanky McFarland, an action for its misappropriation would survive and give McFarland's personal representative the same right to recover damages and prevent continuing interference with that right that McFarland had while living. L. Rev. George had 5 siblings: Doris Christina McFarlane, Norman Leslie McFarlane and 3 other siblings. Mr. McFarland had recently been awarded a star on the Hollywood Walk of Fame, said his daughter, Betsy McFarland. See Ettore v. Philco Television Broadcasting Corp., 229 F.2d 481, 485 (3d Cir. Federal courts first recognized the right of publicity in Haelan Laboratories. 9-jun-2017 - Bekijk het bord 'GEORGE MCFARLAND' van Anais DUNCAN, dat wordt gevolgd door 1199 personen op Pinterest. denied, 351 U.S. 926, 76 S. Ct. 783, 100 L. Ed. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 2510, 91 L. Ed. Doris McFarland (m. 1967) Children: 3: George McFarland (October 2, 1928 – June 30, 1993) was an American actor most famous for his appearances as a child as Spanky in the Our Gang … Canessa, 235 A.2d at 76. Here there was an appropriation of Carson's identity without using his "name.". 2d 585 (1992). We are thus first required to consider whether an infringement of a decedent's right of publicity in his name or image creates a cause of action that survives his death under New Jersey law so that the personal representative of a public figure may assert or continue an action to enforce that right. Location: at 5, Although McFarland attained his greatest fame as a member of the Gang, he also appeared in minor roles in a number of full-length feature films such as M-G-M's Day of Reckoning (1933), Paramount's Miss Fane's Baby is Stolen (1934), RKO-Radio's Kentucky Kernels (1935) (playing a character named "Spanky"), M-G-M's O'Shaughnessy's Boy (1935) (also starring Jackie Cooper and Wallace Beery), Paramount's early Technicolor western Trail of the Lonesome Pine (1936), Warner Bros.' Variety Show (1937) (with Dick Powell), and RKO's Peck's Bad Boy with the Circus (1938). (holding that "Crazylegs Shaving Gel" infringes on the right of publicity of football great Elroy "Crazylegs" Hirsch). George McFarland … Celebrities' names and likenesses "are things of value. By executing it, plaintiff relinquished all rights he had to the name and image of the Spanky character. On the record now before us, there is evidence of identification between the name Spanky and the actor McFarland sufficient to show that he, and now his estate, have a right of publicity superior to that of the interloper, Miller, in exploiting the name and image of Spanky McFarland. at 1441; see also Mellon Bank Corp. v. First Union Real Estate Equity & Mortgage Inv., 951 F.2d 1399, 1404 (3d Cir. They had 3 children: ... DORIS EIDSON (born McFARLIN) and 3 other children. Bernard M. Reilly (argued) Dowd & Reilly, Red Bank, NJ, for appellees Joseph Miller, an individual, and Anaconda, Inc. t/a Spanky McFarland's, a New Jersey corporation. 2d 202 (1986). Sec. George Robert Phillps McFarland, better known as "Spanky," the plump Little Rascal in the baggy pants and two-toned beanie who appeared in 95 "Our Gang" comedies over 11 years, … 335, 452 A.2d 689, 693 (1982). The district court held, in essence, that George McFarland had an extremely limited interest in exploitation of his childhood image or the name Spanky McFarland because Spanky was merely a character whom McFarland was employed to play. After leaving the Gang, McFarland had a small part in Republic's Johnny Doughboy (1943) with fellow former Gang member Carl "Alfalfa" Switzer. It held unauthorized use violated the athletes' rights to exploit their own image. Sadly, George McFarland passed away during the pendency of this appeal at the age of sixty-four. Find a Grave, database and images (https://www.findagrave.com: accessed ), memorial page for Doris A McFarland (6 May 1929–26 Aug 2002), Find a Grave Memorial no. Sec. McFarland, not Miller, crafted the irrepressible persona of "Our Gang"'s Spanky. Funeral services will be held on Friday, Dec. 6, 2019, at 11 a.m. at the Church of God in Peebles, with Harold Keaton officiating. Lamentably, as mentioned supra, George McFarland passed away while we entertained this appeal. 1076, 1078 (Mo.Sup.Ct.1911)). As a result, this case was stayed for a time, but McFarland sought and received relief from the stay by order of the bankruptcy court dated December 15, 1992, permitting the appeal to proceed. It is as much a property right after its wrongful use by defendant as it might be before such use. Id. 2d 748 (1977). Id. Executors and administrators may have an action for any trespass done to the person or property, real or personal, of their testator or intestate against the trespasser, and recover their damages as their testator or intestate would have had if he was living. He never knew of the honor; his wife, Doris, had planned … 652, 134 S.W. 327, 235 A.2d 62 (1967), the court stated:Entirely apart, however, from the metaphysical niceties, the reality of a case such as we have here is, in the court's opinion, simply this: plaintiffs' names and likenesses belong to them. Call: Shortly after the 1931 contract was signed, McFarland made his first appearance in the series, entitled "Free Eats." A genuine issue is defined as an issue on which "a reasonable [fact finder] could return a verdict for the nonmoving party." McFarland actively protected the right to license his name. GEORGE … This approach is primarily concerned with the "qualitative nature of the contacts" rather than the number of them because New Jersey places primary emphasis on those facts which relate to the governmental interest. Fed. Fax: Midler, 849 F.2d at 463. Paragraph 13 of the 1936 contract clearly contemplates a transfer of the right of publicity to the name of McFarland, but this transfer is restricted to the duration of the contract plus one year. The right to publicity protects the value a performer's identity has because that identity has become entwined in the public mind with the name of the person it identifies. Bekijk meer ideeën over grappige reacties, onderwijs … 1993) (Kozinski, J., dissenting from denial of petition for rehearing in banc) ("It's the 'Wheel of Fortune' set, not the robot's face or dress or jewelry that evokes White's image."). In 1931, McFarland entered into a five-year agreement with the Studio governing his employment ("1931 contract"). George 'Spanky' McFarland was born on October 2, 1928 in Dallas, Texas, USA as George Robert Phillips McFarland. Appellant Doris McFarland, personal representative of George "Spanky" McFarland ("McFarland"), now deceased, 1 appeals orders of the United States District Court for the … Doris McFarland, 85 years, of Peebles, Ohio, passed away Monday, Dec. 2, 2019, at the Monarch Meadows Nursing and Rehabilitation Center in Seaman, Ohio. 1331 (West 1993) because the case presented a federal question arising under the Lanham Act, 15 U.S.C.A. Spanky McFarland. (recognizing common law right in publicity), cert. It is unfair that one should be permitted to commercialize or exploit or capitalize upon another's name, reputation or accomplishments merely because the owner's accomplishments have been highly publicized.

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