Facts

Janice Dickinson, a former supermodel, filed suit against Ryan Seacrest Productions LLC, Truly Original LLC, Suns Productions LLC, Tess Cannon, NBCUniversal Media LLC and Erik Rosete in relation to her portrayal on the reality show, "Shahs of Sunset."

PLAINTIFF'S CONTENTIONS: Dickinson contended that defendants agreed and conspired to script an episode of the show to include a false controversy where it appeared that she stole or bullied her way into wearing an outfit that was selected for one of the lead characters on the show. She claimed that this led to the character disparaging her on the show. Dickinson further contended that defendants did so to promote the show by improperly using her goodwill knowing that they would damage her reputation. Dickinson asserted causes of action for false advertising under the Lanham Act, dilution, and California's unfair competition law. Plaintiff also contended that the defendants forged a purported release, which was the specific basis of the fourth claim for relief under California's unfair competition law. Plaintiff's third amended complaint also asserted five additional state law claims for defamation, false light invasion of privacy, fraud, reasonable value of services, and unjust enrichment.

DEFENDANT'S CONTENTIONS: Defendants contended that the episode and promotional materials were expressive works and do not constitute commercial speech. Defendants argued that Dickinson's claims under the Lanham Act and the Federal Trademark Dilution Act were not actionable.

Result

The court found that the episode and promotional materials were non-commercial expressive works and barred by the First Amendment because it contained artistic value. As such, the court dismissed the Lanham Act and dilution claims. Lastly, the court declined to exercise supplemental jurisdiction on the last claim due to the dismissal of the other claims.

Other Information

On April 11, 2019, plaintiff filed a notice of appeal.