Factors Etc., Inc. v. Pro Arts, Inc.

579 F.2d 215 (2nd Cir. 1978)


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 lawsuit was over. D appealed that order.