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DOE v. MERCK & CO., INC.

283 A.D.2d 543 (2001)

725 N.Y.S.2d 356

JANE DOE, Respondent, v. MERCK & CO., INC., et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 21, 2001.

Ordered that the orders are affirmed, with one bill of costs.

The plaintiff's photograph was used by the defendant Merck & Co., Inc. (hereinafter Merck), a pharmaceutical company, and Harrison & Star, Inc., an advertising agency, in an educational brochure about the HIV virus entitled "HIV: Getting the Facts." The plaintiff's photograph was also used in a brochure entitled "Sharing Stories," which contained photographs and biographies of HIV-positive individuals...

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