Settlement Bars Claim To Bing Crosby Right Of Publicity.

Entertainer Bing Crosby married Wilma, and he and his wife had four sons.  When Wilma died in 1952, her will provided that her community property be distributed in trust to their four sons. Bing Crosby married Kathryn and remained married until he died in 1977. He left the residue of his estate in trust for the benefit of Kathryn. On June 23, 2010, Wilma’s Estate filed the present petition for an order stating that Wilma possessed a community property interest in Bing’s right to publicity, and that Wilma’s share of this interest passed to her heirs pursuant to the terms of her will. The trial court granted the motion. The appellate court reversed, recognizing that Civil Code section 3344.1, passed in 1984, did clarify the law by stating a deceased celebrity’s right of publicity is both descendible and retroactive, but concluding Wilma’s estate was barred by the doctrine of res judicata since there was a 1999 settlement.  (Bing Crosby v. HLC Properties, LTD. (Cal. App. Second Dist., Div. 3; January 29, 2014) 223 Cal.App.4th 597, [167 Cal.Rptr.3d 354].