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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.

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