Jan 12, 2006 2:09 pm US/Central
Judge: Group Illegally Profiting From Dillinger
CROWN POINT, Ind. (AP) ―
A judge has ruled that the great-nephew of John Dillinger can seek damages from the Lake County Convention and Visitors Bureau, which opened a museum about the gangster more than six years ago.
Jeffrey G. Scalf owns 75 percent of the commercial rights to the Dillinger persona and never gave permission for its use. Lake Superior Court Judge John R. Pera ruled this week the bureau has been illegally profiting from the Depression-era gangster's colorful life and artifacts.
Daniel C. Kuzman of Merrillville, an attorney for the bureau, said he is likely to ask the judge to delay any trial while he appeals the ruling.
Joseph Pinkston collected artifacts from the Dillinger family and opened his own museum in Brown County in southern Indiana a decade ago. The convention and visitors bureau acquired the collection in 1998 for $417,500.
Pera ruled the Pinkstons and the convention and visitors bureau both used Dillinger's personality without family consent in violation of Indiana's Right of Publicity Statute. The county argued unsuccessfully the publicity law did not apply in this case.
In 1934, Dillinger was shot to death by federal agents outside the Biograph theater in Chicago.
The Associated Press left messages Thursday seeking comment from Scalf.
(© 2006 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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