Downing v. Abercrombie & Fitch., 265 F.3d 994 (9th Cir. 2001)

Represented a group of legendary surfers against retailer Abercrombie & Fitch for using their photograph without their permission in a surf-themed catalog. Reversing the trial court’s grant of summary judgment, the Ninth Circuit Court of Appeals issued the landmark decision which held that : 1) the First Amendment does not bar a misappropriation claim when there is a commercial use, 2) California law applies to misappropriation claims when there is a publication in California, and 3) established the eight part test for Lanham Act claims involving celebrities.