U.S. Court of Appeals 9th Circuit

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US Court of Appeals for the Ninth Circuit

Case Name:WENDT V HOST INTERNATIONAL

GEORGE WENDT, an individual;

JOHN RATZENBERGER, an individual,

Plaintiffs-Appellants,

v.

No. 96-55243

HOST INTERNATIONAL, INC., a

Delaware corporation, D.C. No.

Defendant-Appellee, CV-93-00142-R

and ORDER

PARAMOUNT PICTURES,

CORPORATION, a Delaware

corporation,

Defendant-Intervenor.

Filed December 28, 1999

Before: Betty B. Fletcher and Stephen S. Trott,

Circuit Judges, and Bruce S. Jenkins,1 District Judge.

Order; Dissent by Judge Kozinski

_________________________________________________________________

ORDER

The panel has voted to deny the petition for rehearing.

Judge Trott voted to reject the petition for rehearing en banc

and Judges B. Fletcher and Jenkins so recommend.

The full court was advised of the petition for rehearing en

_________________________________________________________________

1 Honorable Bruce S. Jenkins, Senior United States District Judge for the

District of Utah, sitting by designation.

14901

banc. An active Judge requested a vote on whether to rehear

the matter en banc. The matter failed to receive a majority of

the votes in favor of en banc consideration. Fed. R. App. P.

35.

The petition for rehearing is denied and the petition for

rehearing en banc is rejected.

_________________________________________________________________

KOZINSKI, Circuit Judge, with whom Judges KLEINFELD

and TASHIMA join, dissenting from the order rejecting the

suggestion for rehearing en banc:

Robots again. In White v. Samsung Elecs. Am., Inc., 971

F.2d 1395, 1399 (9th Cir. 1992), we held that the right of pub-

licity extends not just to the name, likeness, voice and signa-

ture of a famous person, but to anything at all that evokes that

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