California Court Awards Damages for Unauthorized Use of Doctor's Name in Trade

Orthopedic Systems Inc. (OSI) was manufacturing a selling a surgical device created by Dr. Schlein with an agreement to pay royalties to the Dr. The product was always advertised with the Dr.'s name. 14 years later, OSI attempted to stop paying royalties because the surgical device was not patented and because it is 'economically unfeasible.' A lawsuit and trial ensued. Held: Under Calif. Civ. Code 3344(a), Dr. can recover $750 or his actual damages for use of his identity in commerce.