Henley v. Dillard Department Stores

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the commercial advantage or benefit element is shown if by using plaintiffs name or likeness in the product defendant sought “to catch the eye of the consumer and make the [product] more interesting”
• holding in right of publicity case that defendant’s use of the words, “Don’s Henley,” in advertisement was intended to elicit an association with plaintiff Don Henley
• “The tort of misappropriation of one’s name or likeness is generally referred to as the ‘Right of Publicity.’”
• “It is immaterial that Defendant made little profit after the ad ran, only ran the advertisement once, and received no feedback on the ad.”
• “By appropriating Plaintiff’s name or likeness, Defendant received the benefit of a celebrity endorsement without asking permission or paying a fee.”
• musician's name used in \wordplay\ in a newspaper advertisement for clothing

Source: CourtListener parenthetical corpus (CC0).