Waits v. Frito-Lay, Inc.
United States Court of Appeals for the Ninth Circuit
978 F.2d 1093 (1992)
The Lanham Act protects individuals from false representations implying an association between them and a product, which is known as a false-endorsement claim.
Relevant Facts
Tom Waits, an acclaimed singer known for his distinctively low, gravelly voice and stance against commercial endorsements, sued Frito-Lay and its advertising agency, Tracy-Locke, for using a jingle in a Doritos advertisement that mimicked his voice and style. The jingle was modeled after Waits's song "Step Right Up" and was performed by a musician who closely imitated Waits's voice. The advertisement led several listeners to believe that Waits was the singer. Waits claimed voice misappropriation under California state law and false endorsement under the Lanham Act.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
Judicial Opinion
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Procedural History
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Citations
978 F.2d 1093 (1992)