Fergerstrom v. Hawaiian Ocean View Estates

This case comes to us on interlocutory appeal from an order denying the defendants motion for summary judgment. The plaintiffs complaint alleges that they, husband and wife, purchased a parcel of land from the defendant, a corporation, for the construction of a house. The defendants employees took pictures of one of the plaintiffs and of the house at various stages of construction. The defendant used the photographs and the plaintiffs name in sales brochures, in advertisements in publications, and in television commercials. The complaint alleged that the defendants acts constituted an actionable invasion of their right of privacy. Count I alleged: