Toney v. L'Oreal USA, Inc.
United States Court of Appeals for the Seventh Circuit
400 F.3d 905 (2005)
Relevant factsFree
Model Toney (plaintiff) authorized Johnson's (defendant) use of her likeness in advertisements and packaging for a limited period, but alleged Johnson continued using her image after that period expired, and sued under the Illinois Right of Publicity Act; the district court dismissed, finding the IRPA preempted by the Copyright Act.
IssueFree
Whether state right-of-publicity laws that protect against the use of a person's identity for commercial purposes without his or her consent are preempted by federal copyright law.