Garbage in Garbage out.

Olive v. Gen. Nutrition Cntrs. Inc., No. B279490 (D2d4 Nov. 4, 2018)

Plaintiff is a Model, suing a Client under Civil Code § 3344 for violating his right of publicity by allegedly unauthorized use of his likeness in Client’s advertising. Section 3344(a) permits a plaintiff to recover whatever profits are attributable to an unauthorized use. Plaintiff designated three different experts to testify on that topic, but the trial court granted motions in limine to exclude two of them because they offered “nearly data free and methodologically primitive” analyses.