## Facts

- Robert Cuccioli, an actor associated with the New York production of *Jekyll & Hyde*, alleged a German theatrical producer used his likeness in a logo without written consent.
- The producer was licensed to mount a German-language *Jekyll & Hyde* production in Germany, Austria, and Switzerland following negotiations involving U.S.-based rights holders.
- The producer used a logo that, according to its creative personnel, incorporated Cuccioli’s face; Cuccioli’s representatives demanded the producer stop using the image.
- It was undisputed the producer never obtained Cuccioli’s written consent to use his likeness.
- The German production premiered in February 1999.
- The producer released a German cast recording CD displaying the logo on the disc and in the packaging, including pages advertising other merchandise bearing the logo.
- Copies of the CD were sold into New York, including at least one web-based sale to a New York purchaser and additional sales through New York record stores.
- Cuccioli sued under N.Y. Civil Rights Law §§ 50–51 seeking damages and injunctive relief; the parties filed cross-motions for summary judgment.

## Issues

1. Whether New York courts could exercise personal jurisdiction over the German producer based on New York-related distribution and sales of products bearing the alleged misappropriation.
2. Whether N.Y. Civil Rights Law §§ 50–51 apply to alleged uses of a person’s likeness occurring outside New York when some materials also reach and circulate in New York.

## Decision

- The court held personal jurisdiction was proper for claims tied to the producer’s New York-directed exploitation of the allegedly infringing logo, including sales of the CD into New York.
- The court held N.Y. Civil Rights Law §§ 50–51 do not apply broadly to conduct occurring entirely outside New York with no circulation of the offending material within the state.
- The case could proceed only as to New York-connected uses (i.e., where products or materials bearing the likeness were sold or circulated in New York), while claims premised solely on foreign exploitation were rejected on summary judgment.

## Legal Principles

- A foreign defendant may be subject to personal jurisdiction in New York when it purposefully directs distribution and sales of allegedly unlawful products into New York and the claim arises from those contacts.
- Due process is satisfied where the defendant has minimum contacts with New York related to the cause of action and the exercise of jurisdiction is consistent with fair play and substantial justice.
- N.Y. Civil Rights Law §§ 50–51 prohibit use of a living person’s name, portrait, or picture for advertising purposes or for purposes of trade without written consent.
- Sections 50–51 are construed narrowly and are predominantly territorial; they reach out-of-state conduct only to the extent the offending material is used or circulated within New York.
- Uses occurring solely in foreign markets, without New York circulation, fall outside §§ 50–51, even if the plaintiff resides or works in New York.

## Conclusion

The court exercised jurisdiction over a foreign theatrical producer based on New York sales of products bearing an allegedly unauthorized likeness, but limited liability under N.Y. Civil Rights Law §§ 50–51 to uses involving circulation of the offending material in New York, excluding purely foreign exploitation.


Cuccioli v. Jekyll & Hyde Neue Metropol Bremen Theater Produktion GmbH & Co., 150 F. Supp. 2d 566 (S.D.N.Y. 2001)