Waits v. Frito-Lay, Inc.

Tom Waits (plaintiff), known for his distinctive gravelly voice and opposition to commercial endorsements, sued Frito-Lay and its ad agency (defendants) after a Doritos jingle, modeled on his song and performed by an imitator, led listeners to believe Waits himself was singing and endorsing the product. He brought claims for voice misappropriation under California law and false endorsement under the Lanham Act, and the jury found for him on both.

Whether the Lanham Act protects an individual from false representations suggesting an association between that person and a product.