Colgate-Palmolive Company v. Frances P. Tullos

HOLMES, Circuit Judge.

This appeal is from a judgment against the Colgate-Palmolive Company, Inc., in favor of the appellee, Mrs. Frances P. Tullos, for damages suffered by her by reason of the publication, on July 27, 1953, of her likeness in a certain advertisement that appeared in the Atlanta Journal, a newspaper with a circulation of approximately 250,000 copies daily. The advertisement included a picture of “Lustre-Color Home Hair Coloring,” various matter describing it, a form for ordering it, and a reproduction of a photograph of appellee, above the following language: “Miss Elgie…