Midler v. Ford Motor Co.
United States Court of Appeals for the Ninth Circuit
849 F.2d 460 (9th Cir. 1988)
Relevant factsFree
Ford Motor Co. (Ford) (defendant) aired a commercial featuring a singer imitating Bette Midler's (plaintiff) distinctive voice performing one of her own songs; Ford had licensed the song itself from its copyright owner but never obtained Midler's permission to imitate her voice, and the commercial never used her name, image, or footage. During discovery, numerous witnesses said they believed it was actually Midler singing. The district court granted Ford summary judgment, finding no legal basis for Midler's claim, and Midler appealed.
IssueFree
Whether a party may deliberately imitate the distinctive voice of a professional singer in order to sell a product.
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