Factors Etc., Inc. v. Pro Arts, Inc. case brief
summary
579 F.2d 215 (2d Cir. 1978)
CASE FACTS
DISCUSSION
The court affirmed and held that decedent assigned a valid property right to plaintiffs. The identification of this exclusive right belonging to plaintiffs as a transferable property right compelled the conclusion that the right survived decedent's death.
CONCLUSION
The court affirmed the grant of a preliminary injunction against defendant and remanded for further proceedings where plaintiffs' exclusive right to exploit a celebrity decedent's name and likeness, because it was exercised during celebrity's life, survived his death.
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579 F.2d 215 (2d Cir. 1978)
CASE SYNOPSIS
Defendants appealed an
order from the United States District Court for the Southern District
of New York granting a preliminary injunction restraining defendants
from the sale or distribution of merchandise bearing the name or
likeness of Elvis Presley.CASE FACTS
- Plaintiffs were the sole and exclusive owners of rights to commercially exploit the name and likeness of Elvis Presley.
- The rights were assigned to plaintiff owner prior to decedent's death and then transferred to plaintiff licensee two days after the death.
- After decedent's death, defendant published a memorial poster and filed an application for registration of copyright.
- Plaintiffs informed defendant of their exclusive rights, but defendant refused to cease distribution.
- Plaintiff brought an action for injunctive relief based upon defendant's alleged misappropriation and unauthorized use of decedent's name and likeness.
- Defendant appealed the district court's grant of a preliminary injunction, arguing that the right of publicity could not survive a celebrity's death.
DISCUSSION
The court affirmed and held that decedent assigned a valid property right to plaintiffs. The identification of this exclusive right belonging to plaintiffs as a transferable property right compelled the conclusion that the right survived decedent's death.
CONCLUSION
The court affirmed the grant of a preliminary injunction against defendant and remanded for further proceedings where plaintiffs' exclusive right to exploit a celebrity decedent's name and likeness, because it was exercised during celebrity's life, survived his death.
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