June Toney v. L'OreaL Usa, Inc., the Wella Corporation, and Wella Personal Care of North America, Inc.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
KANNE, Circuit Judge.
June Toney’s photograph was used to advertise a hair product marketed by Johnson Products Company. Toney consented to the use of her photograph for a limited time, but when a successor company later used the photograph without her permission, Toney filed suit alleging that her right of publicity had been violated. The district court dismissed her claim after finding that it was preempted by federal copyright law. Toney appeals, and we reverse.
I. Background
In November 1995, June Toney, a model who has appeared in print advertisements, commercials, and runway shows,…
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