Judge Cites 'Otherness' of 'Borat' in Dismissing Publicity Rights Case

Posted by Matthew Heller

U.S. District Court Judge Loretta A. Preska in Manhattan -- who has the unenviable assignment of handling all the "Borat"-related cases in that jurisdiction -- believes the hit mockumentary's humor appeals to the "childish and vulgar in its viewers." But that didn't stop her from dismissing a publicity rights case filed by a pedestrian whom title character Borat Sagdiyev chases down a Manhattan street.

The scene depicting the pursuit of Jeffrey Lemerond "is part of a series of clips showing Borat's first exposure to American culture," Preska noted in her ruling, "and in so doing, bears a relationship to the [movie's] theme of 'otherness.' As such, it falls within that broad exception [to publicity rights liability] recognized by New York courts for newsworthy items or matters of public interest."

The decision is the first on a motion to dismiss a "Borat" suit in New York -- another case was voluntarily dismissed by the plaintiff -- and is probably a bad omen for the four other "Borat" cases pending before Preska. Those cases include the two originally filed in Alabama by etiquette teachers upset over their unwitting appearances in the film. Alabama courts declined jurisdiction, forcing the plaintiffs to try their luck in New York.