The US Court of Appeals for the Seventh Circuit confirmed that the single publication rule applies to claims brought under the Illinois Right of Publicity Act (IRPA), 765 ILCS 1075/1 et seq. Giovannelli v. Walmart Inc., Case Nos. 24-2869; -3103; 25-1185; -1223 (7th Cir. Jan. 22, 2026) (Brennan, Scudder, Pryor, JJ.)
In 2009, US Army veteran Nicholas Giovannelli was unknowingly photographed while deployed in Afghanistan. The image was later posted on a US Department of Defense website, downloaded by Stocktrek Images, and then licensed and sold as posters on public retail websites, including Posterazzi, Walmart, Pixels, and a large e-commerce company. Giovannelli remained unaware of the photo’s commercial use until 2020, when a friend discovered the posters while searching for their unit number.
Giovannelli sued Walmart, Stocktrek, Pixels, the large e-commerce company, and Posterazzi under the IRPA, which prohibits the unauthorized commercial use of an individual’s name or likeness. After removal to federal court, the cases were severed to address misjoinder.
Under Illinois law, IRPA claims are subject to a one-year statute of limitations. The defendants argued that the claims were time barred under the single publication rule, which starts the limitations period at first publication, meaning Giovannelli would have needed to sue within one year of Pixels’ 2011 posting, Walmart’s 2016 posting, or the large e-commerce company’s 2018 posting. Giovannelli countered that the discovery rule should apply because the publications were “hidden” or “inherently undiscoverable,” asserting he had no reason to know of the posters until 2020. The district courts granted the defendants’ motions for summary judgment, applying the single-publication rule. Giovannelli appealed.
The Seventh Circuit, applying Illinois substantive law under diversity jurisdiction, made an “Erie guess” because the Supreme Court of Illinois has not addressed whether IRPA claims follow the single publication rule or the discovery rule. The Seventh Circuit looked to the 2006 Illinois Appellate Court decision in Blair v. Nevada Landing Partnership, which rejected the discovery rule in the IRPA context. Although Giovannelli argued that Blair’s discussion was dicta, the Seventh Circuit explained that dicta may still guide an Erie analysis. The Seventh Circuit affirmed summary judgment, finding that Illinois would apply the single publication rule to IRPA claims. The Court explained that the exception for hidden or inherently undiscoverable publications did not apply because the posters were available on public websites, and Giovannelli’s friend located them through a simple search using their unit number.
