Q3. (Max 10 points) The right of publicity is intended to protect the rights of persons, celebrities, to profit from their "brand" and identities. Clearly, a supermarket that publishes an
advertisement with the image of Michael Jordan, along with a red jersey with the number 23
emblazoned upon it can be held to violate Jordan's right of publicity if done without his consent. Does a
person or celebrity, however, have a protectable interest in a song or catch phrase that may publicly be
associated with, even though the image or likeness of the person/celebrity is not used? Read the case
of Johnny Carson v. Here's Johnny Portable Toilets, Inc., 698 F.2d 831 (6th Cir. 1983) and answer the
following questions:
A. Did the trial court, i. e., the U. S. District Court, dismiss Appellant Carson's tort case based on his
alleged right of publicity or did the trial court allow the right to publicity claim asserted by the
Plaintiff to proceed to a jury? (2 points)
B. Explain why the District Court ruled as it did on Plaintiff's "right of publicity" claim. (3 points)
C. Did the Circuit Court of Appeals agree with the trial court's ruling on Plaintiff's "right of
publicity" claim? (2 points)
D. Explain why the Circuit Court of Appeals agreed/disagreed with the trial court's ruling, 13 points)