Factors Etc., Inc. v. Pro Arts, Inc.
United States Court of Appeals for the Second Circuit
579 F.2d 215 (2d Cir. 1978)
Relevant factsFree
Elvis Presley controlled a company, Boxcar, Inc., which sold Factors Etc., Inc. (plaintiff) the exclusive right to commercially exploit Presley's name and likeness. When Presley died, Pro Arts, Inc. (defendant) bought rights to a photo of him and published a poster captioned "IN MEMORY" just three days after his death. Factors demanded Pro Arts stop selling the poster; Pro Arts instead sued for a declaratory judgment. Factors then sued Pro Arts separately and won a preliminary injunction, which Pro Arts appealed.
IssueFree
Whether the right of publicity, once assigned by its creator, extends beyond the creator's death.
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