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Elvis's Posthumous Publicity (I)
Highest Court Sixth Circuit
Year Ended 1980
Plaintiffs Nonprofit Organization(s)
Defendants Factors, Etc.
Other Presley, Elvis
Short Description While Elvis Presley was alive, he first conveyed all his marketing rights to Colonel Tom Parker and then another company. That company, after Presley's death, conveyed the rights to the defendant. The plaintiff, a non-profit company seeking to erect a statue of Presley, began seeking contributions to raise the statue. Plaintiff accused the defendant of interfering in its fundraising efforts, arguing that death puts someone's image in the public domain, The defendant argued that their rights to Presley's commercial rights survived his death. The district court enjoined the plaintiff from fundraising, relying on protections to exploit one's publicity rights. The appellate court analogized to the lack of a claim for defamation after a person's death, finding their to be no economic benefit to allowing Presley's heirs or assigns to hold the rights. - JMC

Legal Issues
Civil Procedure Interlocutory Orders Preliminary Injunction
Torts Privacy Torts Commercial Misappropriation of Name/Likeness
Trademarks & Unfair Competition General Assignments & Licenses
  State Statute/Common Law Ownership
    Right of Publicity


Opinions Memphis Development Foundation v. Factors, etc., Inc.
616 F.2d 956
Sixth Circuit , March 06, 1980 ( No. 79-1270 )


Memphis Development Foundation v. Factors, etc., Inc.
441 F. Supp. 1323
W.D. Tennessee , December 05, 1977 ( No. 77-2545 )


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Related Searches Parties
Factors, Etc. ( Defendant )
Nonprofit Organization(s) ( Plaintiff )
Presley, Elvis ( Other )

Legal Issues
Civil Procedure / Interlocutory Orders / Preliminary Injunction
Torts / Privacy Torts / Commercial Misappropriation of Name/Likeness
Trademarks & Unfair Competition / General / Assignments & Licenses
Trademarks & Unfair Competition / State Statute/Common Law / Ownership
Trademarks & Unfair Competition / State Statute/Common Law / Right of Publicity

Courts
Sixth Circuit (highest court)
W.D. Tennessee


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