Elvis Presley Enterprises, Inc. v. Capece
United States District Court for the Southern District of Texas
950 F. Supp. 783 (1996)
Relevant factsFree
Capece's (defendant's) 1960s-themed "Velvet Elvis" nightclub was designed as an obvious parody of the era's excesses generally, referencing numerous celebrities of the period beyond just Elvis, but some of its advertisements specifically emphasized the Elvis name, likeness, and additional Elvis-specific references; EPE (plaintiff), which owns Elvis's trademarks, copyrights, and publicity rights, sued for trademark infringement.
IssueFree
Whether trademark infringement occurs if a defendant's use of a mark or image causes ordinarily prudent consumers to be confused or mislead as to the affiliation of the goods in question.
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