Legal Opinion
Memphis Development Foundation v. Factors Etc., Inc.
Court of Appeals for the Sixth Circuit
Decided April 28, 1980No. 79-1270PublishedCited by 41 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
This appeal raises the interesting question: Who is the heir of fame? The famous have an exclusive legal right during life to control and profit from the commercial use of their name and personality. We are called upon in this diversity case to determine whether, under Tennessee law, the exclusive right to publicity survives a celebrity’s death. We hold that the right is not inheritable. After death the opportunity for gain shifts to the public domain, where it is equally open to all.
I
Elvis Presley died in Memphis on August 16, 1977. To honor him, the Memphis…
2Cases cited5 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
- Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc.Court of Appeals for the Second Circuit · 1953
- Albert Ettore v. Philco Television Broadcasting Corporation, Clayton, Inc. & Chesebrough Manufacturing Company, ConsolidatedCourt of Appeals for the Third Circuit · 1956
- Hicks v. Casablanca RecordsDistrict Court, S.D. New York · 1978
- Price v. Hal Roach Studios, Inc.District Court, S.D. New York · 1975
3Cited by41 opinions
- The Lexington Insurance Company v. Rugg & Knopp, Inc., and the Salt Lake City CorporationCourt of Appeals for the Seventh Circuit · 1999
- Herman Miller, Inc., Plaintiff-Appellant/cross-Appellee v. Palazzetti Imports and Exports, Inc., Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2001
- Etw Corporation v. Jireh Publishing, Inc.Court of Appeals for the Sixth Circuit · 2003
- Factors Etc., Inc. And Boxcar Enterprises, Inc. v. Pro Arts, Inc. And Stop and Shop Companies, Inc.Court of Appeals for the Second Circuit · 1981
- Estate of Presley v. RussenDistrict Court, D. New Jersey · 1981
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