Rosa And Raymond Parks Institute For Self Development v. Target Corporation

812 F.3d 824 (11th Cir. 2016)

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Nature of the Case

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Facts

Rosa Parks boarded the bus in downtown Montgomery and took a seat. Once the bus filled up, some white men boarded and could find no seats. The bus driver demanded that Parks and some other African-Americans give their seats to the white men. Parks refused. The police arrived and arrested Parks for refusing to relinquish her bus seat to a white passenger in accordance with Montgomery city law. Her courageous act inspired the Montgomery Bus Boycott and served as the impetus for the modern Civil Rights Movement, transforming the nation. In response to Parks's arrest, for 381 days, 42,000 Americans boycotted Montgomery buses, until the United States Supreme Court held the Montgomery segregation law unconstitutional and ordered desegregation of the buses. Parks has become one of the most revered heroines of our national story; her role in American history cannot be over-emphasized. The United States Congress has recognized Parks as the 'first lady of civil rights' and the 'mother of the freedom movement,' and it has credited Parks with 'igniting the most significant social movement in the history of the United States.' Parks became a massive public figure. It is in the general public interest to relentlessly preserve, spotlight, and recount the story of Rosa Parks and the Civil Rights Movement. P is a Michigan 501(c)(3) non-profit corporation that owns the name and likeness of the late Rosa Parks pursuant to a right-of-publicity assignment. D is a national retail corporation headquartered that operates more than 1,800 retail stores across the United States. P offered a number of books about Parks for sale. It also sold a television movie and a collage-styled plaque that included, among other items, a picture of Parks, alongside Dr. Martin Luther King, Jr. Stephanie Workman Marrott designed the plaque to describe important aspects of American history and convey a message about those events. There is no evidence in the record that any of the products say 'Target' on them or are otherwise identifiably affiliated with Target in any way other than that D offered them for sale. P filed the underlying complaint alleged claims for unjust enrichment, right of publicity, and misappropriation under Michigan common law for D's sales of all items using the name and likeness of Rosa Parks. D sought summary judgment. The district court dismissed the complaint. P appealed.