## Facts

- Playgirl, Inc. published a drawing in the February 1978 issue of *Playgirl* depicting a nude Black man seated in the corner of a boxing ring.
- Muhammad Ali alleged the figure was unmistakably recognizable as him based on contextual cues (boxing setting, physique, and surrounding references), despite the absence of his name next to the image.
- Ali did not provide written consent for any use of his likeness or identity in the issue.
- Ali claimed the depiction connected his identity to nudity and sexual innuendo for the magazine’s commercial benefit.
- Ali sued Playgirl, its New York distributor (Independent News Company), and an associated individual (Tony Yamada), alleging violation of New York Civil Rights Law § 51 and a common-law right of publicity.
- Ali sought temporary and preliminary injunctive relief to halt further distribution, withdraw copies from circulation, and require surrender of reproduction materials.
- The court addressed the request as a preliminary injunction motion, with evidence that additional distribution, including in England, was contemplated.

## Issues

1. Whether an unauthorized drawing that renders a celebrity readily identifiable constitutes use of the person’s “portrait” or likeness “for advertising purposes or for the purposes of trade” under New York Civil Rights Law § 51 and the common-law right of publicity.
2. Whether Ali satisfied the standards for a preliminary injunction, including irreparable harm and likelihood of success (or serious questions plus a balance of hardships in his favor).
3. Whether the injunction could properly restrain defendants’ planned distribution outside New York, including abroad.

## Decision

- The court granted a preliminary injunction in Ali’s favor.
- The court found Ali showed a strong likelihood of success that the depiction functioned as his recognizable portrait or likeness and was used for trade purposes without consent.
- The court found the publication was not a newsworthy or commentary use but a commercial exploitation of Ali’s identity in a sexually oriented magazine.
- The court found irreparable harm based on reputational and dignitary injury and the difficulty of calculating adequate monetary damages.
- The court ordered relief to stop further distribution and to prevent further use of the image, and permitted injunctive reach to anticipated foreign distribution where appropriate.

## Legal Principles

- Under New York Civil Rights Law § 51, a person’s “portrait” or likeness can include a drawing or other depiction if viewers would reasonably identify the person, even without an explicit name.
- Use of a recognizable identity in a commercial publication for entertainment and profit may constitute use “for purposes of trade” when it is not tied to a legitimate newsworthy or editorial purpose.
- Celebrity or public-figure status does not waive statutory or common-law protections against unauthorized commercial appropriation of identity.
- Unauthorized association of a person’s identity with sexualized or objectionable content can support a finding of irreparable injury warranting preliminary injunctive relief.
- A court may frame equitable relief to restrain a defendant’s planned distribution beyond the forum when the challenged exploitation arises from domestic conduct and equities favor the plaintiff.

## Conclusion

The court preliminarily enjoined further distribution and reuse of *Playgirl*’s February 1978 issue containing a nude, boxing-ring depiction identifiable as Muhammad Ali, holding that Ali was likely to succeed on claims under New York Civil Rights Law § 51 and the right of publicity and that ongoing distribution would cause irreparable reputational and dignitary harm.


Ali v. Playgirl, Inc., 447 F. Supp. 723 (S.D.N.Y. 1978)