Appellants brought this diversity action against Abercrombie and Fitch (“Abercrombie”) for publishing a photograph of them, with identification of their names, for Abercrombie’s commercial benefit without the Appellants’ authorization.
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DOWNING v. ABERCROMBIE FITCHThey allege a violation of California’s common law and statutory prohibition against misappropriation of a person’s name and likeness for commercial purposes, a violation of the Lanham Act for confusion and deception indicating sponsorship of Abercrombie goods, and a claim for negligence and defamation.


