Carson v. Here's Johnny Portable Toilets, Inc.
Court of Appeals for the Sixth Circuit
1Opinion of the Court
BAILEY BROWN, Senior Circuit Judge.
This case involves claims of unfair competition and invasion of the right of privacy and the right of publicity arising from appellee’s adoption of a phrase generally associated with a popular entertainer.
Appellant, John W. Carson (Carson), is the host and star of “The Tonight Show,” a well-known television program broadcast five nights a week by the National Broadcasting Company. Carson also appears as an entertainer in night clubs and theaters around the country. From the time he began hosting “The Tonight Show” in 1962, he has been introduced on the show…
2Cases cited11 opinions
- Factors Etc., Inc. And Boxcar Enterprises Inc. v. Pro Arts, Inc. And Stop and Shop Companies, Inc.Court of Appeals for the Second Circuit · 1978
- Zacchini v. Scripps-Howard Broadcasting Co.Supreme Court of the United States · 1977
- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
- Warner Bros., Inc. v. Gay Toys, Inc.Court of Appeals for the Second Circuit · 1981
- Beaumont v. BrownMichigan Supreme Court · 1977
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3Cited by4 opinions
- Heath v. BrownCourt of Appeals for the Fifth Circuit · 1987
- Heath v. BrownCourt of Appeals for the Fifth Circuit · 1987
- John W. Carson v. Here's Johnny Portable Toilets, Inc.Court of Appeals for the Sixth Circuit · 1983
- FCB BANKS v. AbrahimUnited States Bankruptcy Court, S.D. Illinois · 2025