FACTORS ETC., INC. V. PRO ARTS, INC.
579 F.2d 215 (2nd Cir. 1978)
NATURE OF THE CASE: Pro Arts (D) appealed an order granting a preliminary injunction
restraining Ds from the sale or distribution of merchandise bearing the name or likeness of
Elvis Presley.
FACTS: Factors (P) had the rights to an exclusive license to commercially exploit the
name and likeness of Elvis Presley. P had paid $100,000 for the license with a guarantee of
$150,000. Immediately upon learning of the death of Elvis, Pro Arts (D) purchased a photo
from a staff reporter of the Atlanta Journal, and published that picture on a poster with
the words 'In Memory 1935-1977. P learned of the poster and sued and got an injunction
restraining D from manufacturing, selling, or distributing the poster until the law suit was
over. D appealed that order.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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