September 2025 FZLZ Minute

USA

USA – Ninth Circuit Affirms Dismissal of Drag Queen's Claim Against Netflix

Lance Hara, a "well-known Drag Queen in Hollywood" professionally known as Vicky Vox, sued Netflix. The suit concerned Netflix's use of Vox's likeness and persona (but not her name) in an animated series, Q-Force, about a "gay James Bond." Vox's alleged likeness appears for ten seconds in one episode and in an "official teaser" for the series. She sued under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125, alleging "the unauthorized use of her image and likeness led viewers to believe that she endorsed Q-Force."

The district court dismissed the complaint under Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989). On appeal, the Ninth Circuit recognized that claims can be brought "under § 43(a) relating to the use of a public figure's persona, likeness, or other uniquely distinguishing characteristic." Ordinarily, it said, Section 43(a) claims are decided under the likelihood of