The Seventh Circuit Court of Appeals issued a ruling Wednesday that limits when individuals can bring right of publicity claims under Illinois law, rejecting a discovery rule that would have allowed claims to proceed based on when someone learns of unauthorized use of their image rather than when the use first occurred.
In *Nicholas Giovannelli v. Walmart Inc.*, the appeals court addressed whether the Illinois Right of Publicity Act's one-year statute of limitations should begin running when an image is first published or when the subject discovers the unauthorized use. The court held that Illinois courts would not apply a discovery rule, meaning the limitation period starts when the image is initially published.
The case involves Nicholas Giovannelli, a United States Army veteran who was photographed during a military patrol in Afghanistan in March 2009. An Army photographer captured an action shot of Giovannelli that was subsequently posted on the Department of Defense website, where it became publicly available.
Unknown to Giovannelli, Stocktrek Images downloaded the photograph and licensed it to Posterazzi, which incorporated the combat image into commercial posters. The posters were then sold online through various retailers including Posterazzi, Walmart, Pixels, and Amazon.
Giovannelli did not discover the commercial use of his photograph until 2020, when an Army friend found the poster for sale online and alerted him to its existence. Upon learning of the unauthorized commercial use, Giovannelli filed lawsuits under the Illinois Right of Publicity Act against the companies involved in licensing and selling his image.
The Illinois Right of Publicity Act, codified at 765 ILCS 1075/1 et seq., protects individuals from unauthorized commercial use of their name, voice, signature, photograph, or likeness. However, the Act includes a restrictive one-year statute of limitations for bringing claims.
Giovannelli's central legal argument was that Illinois courts would apply a discovery rule to right of publicity claims under the Act. Under such a rule, the statute of limitations would begin running when he discovered the unauthorized use in 2020, rather than when the defendants first published his photograph years earlier. This distinction was crucial to the viability of his claims, as the traditional rule would render his lawsuit untimely.
The Seventh Circuit, sitting in diversity jurisdiction, examined how Illinois state courts would likely interpret the statute of limitations provision. The court noted that while federal courts must predict how state courts would rule on questions of state law, an Illinois Appellate Court had previously declined to apply the discovery rule for claims under the Right of Publicity Act.
Chief Judge Diane Brennan, writing for the panel, explained that the court was bound to follow the interpretation that Illinois courts would most likely adopt. Given the Illinois Appellate Court's prior rejection of the discovery rule in this context, the Seventh Circuit concluded that Illinois courts would not apply such a rule to right of publicity claims.
The ruling represents a significant limitation on the ability of individuals to pursue right of publicity claims when they are unaware of unauthorized use of their image. The decision particularly affects situations where images are used without the subject's knowledge, as occurred with Giovannelli's military photograph.
The case consolidated multiple appeals numbered 24-2869, 24-3103, 25-1185, and 25-1223, arising from decisions by three different federal district judges in the Northern District of Illinois. The district court cases were handled by Judges Edmond E. Chang, LaShonda A. Hunt, and Jeffrey I. Cummings.
The Seventh Circuit panel consisted of Chief Judge Brennan and Circuit Judges Scudder and Pryor. The case was argued on November 4, 2025, and decided on January 22, 2026.
The decision has implications for how right of publicity claims are evaluated across the Seventh Circuit, which covers Illinois, Indiana, and Wisconsin. The ruling clarifies that individuals seeking to protect their publicity rights under Illinois law must act quickly once unauthorized use begins, regardless of whether they are aware of the infringement.
For military service members and others whose images may be publicly available through government sources, the decision underscores the importance of monitoring potential commercial use of their photographs. The ruling suggests that public availability of images through official channels does not prevent unauthorized commercial exploitation, but does start the limitation period running.
The case also highlights the intersection between federal diversity jurisdiction and state law interpretation. When federal courts hear state law claims, they must predict how state courts would rule on unsettled questions, often leading to careful analysis of existing state precedent.
Giovannelli's case demonstrates the challenges faced by individuals seeking to protect their publicity rights when unauthorized use occurs without their knowledge. While the Seventh Circuit's decision limits the discovery rule's application, it provides clarity for future right of publicity litigation under Illinois law.