Toney v. L'oreal Usa, Inc.

406 F.3d 905 (7th Cir. 2005)

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Nature of the Case

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Facts

P, a model, authorized Johnson Products Company to use her likeness on the packaging of a hair-relaxer product called 'Ultra Sheen Supreme' from November 1995 until November 2000. P authorized the use of her likeness in national magazine advertisements for the relaxer from November 1995 until November 1996. In August 2000, L'Oreal USA, Inc. (D) acquired the line of products from Carson Products, which had previously acquired that same product line from Johnson. In December 2000, the Wella Corporation purchased and assumed control of the line and brand from D. P filed a complaint in state court, asserting that D, Wella Corporation, and Wella Personal Care of North America, Inc., (collectively, Ds) used her likeness in connection with the packaging and promotion of the Ultra Sheen Supreme relaxer product beyond the authorized time period. P claimed that Ds thereby violated (1) her right to publicity in her likeness as protected under the IRPA. The case was removed to federal district court on the basis of federal question jurisdiction. The district court found that the IRPA-based claim met the conditions set out in § 301 of the Copyright Act and was preempted. P appeals from the district court's preemption determination.