Woods v. Prestwick House, Inc.
2011 OK 9
| Okla. | 2011Background
- Woods sued Prestwick House and American Shakespeare Center for misappropriation of his name/likeness under 12 O.S.2001 § 1449.
- The alleged misappropriation involved Woods' photograph appearing on the cover of Literary Touchstone Classics paperbacks (mar. 3, 2006; shipped until dec. 2008).
- Approximately 11,000 copies were shipped nationwide; 72 copies reached Oklahoma.
- Woods first learned of the use in summer 2008 and retained counsel; publishers were notified in Aug. 2008 but distribution continued.
- Woods filed for injunctive relief and damages on May 29, 2009, within two years of discovery.
- Trial court granted summary judgment, applying the two-year limit and the single publication rule; this was certified for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What statute of limitations governs § 1449 claims? | Woods argues three-year limit for liabilities created by statute applies. | Publishers contend two-year limit for injury to rights is applicable. | Two-year limitations apply to § 1449 misappropriation claims. |
| May the discovery rule toll the limitations period for unauthorized use under § 1449? | Discovery rule tolls when publication was concealed or secretive, delaying awareness. | Discovery rule should not apply; single publication governs accrual. | Discovery rule may toll the period if publication was concealed or secretive. |
| Should the single publication rule apply to this case? | Not central; discovery rule controls accrual timing. | Single publication rule would fix accrual at first publication. | Court did not adopt single publication rule as dispositive on remand; focus on discovery rule. |
Key Cases Cited
- Digital Design Group, Inc. v. Information Builders, Inc., 24 P.3d 834 (2001 OK 21) (discovery rule applied to concealed/libel-type claims; tolls limitations)
- Resolution Trust Corp. v. Grant, 901 P.2d 807 (1995 OK 68) (Oklahoma follows discovery rule in tort actions)
- McCormack v. Oklahoma Publishing Co., 613 P.2d 737 (1980 OK 98) (adopted misappropriation as invasion of privacy)
- LeFlore v. Reflections of Tulsa, Inc., 708 P.2d 1068 (1985 OK 72) (early precedent on invasion of privacy and related torts)