The Seventh Circuit Court of Appeals issued an opinion Tuesday that clarifies when the statute of limitations begins for right of publicity claims under Illinois law, ruling against a military veteran who argued his lawsuit should be measured from when he discovered unauthorized use of his combat photograph.
In *Nicholas Giovannelli v. Walmart Inc.*, the court held that Illinois courts would not apply a discovery rule to claims under the Illinois Right of Publicity Act, which carries a one-year statute of limitations. The decision means Giovannelli's lawsuit was filed too late, even though he was unaware for years that his military photograph was being used commercially.
Nicholas Giovannelli, a United States Army veteran, was photographed during a military patrol in Afghanistan in March 2009. The action shot was taken by an Army photographer and later posted on the Department of Defense website, where it became publicly available. Unknown to Giovannelli, the image was subsequently downloaded by Stocktrek Images and licensed to Posterazzi, which incorporated the combat photograph into commercial posters.
The posters featuring Giovannelli's image were sold online by several major retailers, including Posterazzi, Walmart, Pixels, and Amazon. Giovannelli remained unaware of the commercial use of his photograph until 2020, when an Army friend discovered the poster for sale online and alerted him to its existence.
After learning about the unauthorized commercial use of his image, Giovannelli filed lawsuits under the Illinois Right of Publicity Act against the companies involved in licensing and selling the poster. The Act, codified at 765 ILCS 1075/1 et seq., protects individuals from unauthorized commercial use of their likeness but includes a one-year statute of limitations for filing claims.
The central legal question in the case was whether Illinois courts would apply a discovery rule to right of publicity claims. Under a discovery rule, the statute of limitations would begin when Giovannelli discovered the unauthorized use of his photograph in 2020, rather than when the photograph was first published commercially several years earlier. This distinction was crucial because the defendants first published Giovannelli's photo several years before he became aware of its commercial use.
Giovannelli argued that the discovery rule should apply, which would make his 2020 lawsuit timely filed within one year of discovering the violation. The defendants contended that the statute of limitations began running when the photograph was first published commercially, making Giovannelli's lawsuit untimely.
Chief Judge Brennan, writing for the three-judge panel that included Circuit Judges Scudder and Pryor, rejected Giovannelli's discovery rule argument. The court noted that because it was sitting in diversity jurisdiction, it was bound to follow how Illinois state courts would interpret their own law.
Crucially, the Seventh Circuit pointed to a prior decision by an Illinois Appellate Court that had declined to apply the discovery rule for claims under the Illinois Right of Publicity Act. Following this precedent, the federal appeals court concluded that Illinois courts would not recognize a discovery rule for such claims.
The decision represents a significant interpretation of the Illinois Right of Publicity Act's statute of limitations provision. The ruling suggests that individuals must file their claims within one year of the initial publication or use of their likeness, regardless of when they actually discover the unauthorized use.
This interpretation could have broader implications for right of publicity claims in Illinois, particularly in an era where images can be widely distributed online without the subject's knowledge. The decision may require individuals to more actively monitor for unauthorized uses of their likeness, as waiting until discovery of such use may result in time-barred claims.
The case also highlights the intersection between military service and privacy rights. Giovannelli's situation illustrates how service members' images, even when initially published by the government for official purposes, can find their way into commercial use without the individual's knowledge or consent.
The appeals consolidated multiple case numbers (24-2869, 24-3103, 25-1185, and 25-1223) involving related claims against different defendants. The cases originated from the U.S. District Court for the Northern District of Illinois, Eastern Division, under Judges Edmond E. Chang, LaShonda A. Hunt, and Jeffrey I. Cummings.
The court heard oral arguments on November 4, 2025, before issuing its decision on January 22, 2026. The ruling effectively ends Giovannelli's federal court challenge, though the decision focuses specifically on the statute of limitations issue rather than the merits of his underlying right of publicity claims.
For practitioners handling right of publicity cases in Illinois federal courts, the decision clarifies that the discovery rule will not extend the one-year limitation period under the Illinois Right of Publicity Act, requiring careful attention to timing when advising clients about potential claims.