LOCAL : Publicity Issue Cut From Elvira Suit

From Times staff and wire service reports

A federal judge today dismissed part of a $10-million lawsuit filed by a woman contending that late-night horror show hostess Elvira stole the Vampira character she made famous in the 1950s.

U.S. District Judge Matthew Byrne ruled that Maila Nurmi may seek damages against Cassandra Peterson, who plays Elvira, and several other defendants for unfair competition, but not for violating her right to publicity. Byrne said an actor's right to publicity is not violated by a simulation of a character. The actor's actual voice, face or name must be used to sustain a violation of the right to publicity, Byrne said.

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