Joanne Levesque Gignilliat, Appellant, v. Gignilliat, Savitz & Bettis, L.L.P., Respondent., 385 S.C. 452

Summary

On appeal, the court held that, contrary to the trial court's ruling, South Carolina did recognize the right of publicity, that the right survived death, and that nominal damages were presumed. Nonetheless, the court upheld the trial court's summary judgment ruling on this issue because infringement on the right of publicity required the unconsented use of a plaintiff's name, likeness, or identity for a defendant's own benefit, and it was undisputed that the deceased law partner had requested that the law firm continue to use his name after his death. The court also upheld the summary judgment ruling on the widow's conversion claim, concluding that a claim for conversion should be limited to intangible property rights that were identified with some document. Because the alleged property right that the widow sought to enforce was intangible, and there was no documentation evidencing this right, the court concluded that it was not properly subject to a claim for conversion. The court ...