Nature of the Case
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Facts
P is an Oklahoma stock race car driver. P claims that the fictional animated race car character 'Lightning McQueen' in the movie Cars constitutes a misappropriation of his likeness and violates his right of publicity pursuant to common law. P asserts a claim for common law trademark infringement, as well as claims for unfair and deceptive trade practices. P asserts that since 1995, he has driven a red race car with the number 95 painted on the doors in yellow. His 'race car is a 2-door body style with relatively long hood, swept-back windshield, a distinctive tail fin and dirt track tires made by Goodyear.' P's vehicle is a modified Chevrolet Monte Carlo. 'Lightning McQueen' is the animated fictional talking car and rookie racing sensation featured in Cars. Lightning McQueen has no driver. The windshield depicts his eyes and the grill of the car displays a smiling face that talks. Lightning is a red race car of a fictional make/model with a large yellow lightning bolt painted on the side and the number 95 displayed in yellow over the lightning bolt. Lightning is covered with numerous fictitious sponsor stickers such as Rust-eze Medicated Bumper Ointment, Lightyear tires, and Gasprin Hood Ache Relief. Wallis (D) was hired by Pixar Animation Studios as a consultant in 2001, and he led the animators on a tour of Route 66 to assist them in their research in the development of the Cars movie. Wallis never visited a racetrack with the Pixar team, never met P, nor saw his race car and had no knowledge of P or his car until after the lawsuit was filed. The court granted Ds’ motion for summary judgment and P appealed.
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