CARSON V. HERE'S JOHNNY PORTABLE TOILETS, INC.
698 F.2d 831 (6th Cir. 1983)
NATURE OF THE CASE: This is an unfair competition and invasion of privacy action.
FACTS: D rented and sold Here's Johnny Portable Toilets. Carson (P), the well-known talk
show host objected to the use of the phrase that was used to introduce him each night on TV.
P sued to enjoin D for unfair competition and violation of trademark rights, for invasion of
privacy and publicity rights. P's complaint was dismissed as P failed to satisfy the
likelihood of confusion test and on the privacy right and publicity theories, the court held
that they only extended to name or likeness and Here's Johnny did not qualify. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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