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C13. {Max 10 points) The right of publicity is intended to protect the rights of persons, including celebrities, to prot from their brand and identies.

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C13. {Max 10 points) The right of publicity is intended to protect the rights of persons, including celebrities, to prot from their "brand\" and identies. Clearly, a supermarket that publishes an advertisement with the image of Michael Jordan, along with a red jersey with the number 23 emblazoned upon it can be held to violate Jordan's right of publicity if done without his consent, Does a person or celebrity, however, have a protectable interest in a song or catch phrase that may publicly be associated with, even though the image or likeness of the personr'celebrity is not used? Read the case of Johnny Carson v. Here 's Johnny Portable Toilets, inc, 698 F.2d 831 [oth Cir. 1983} and answer the following questions: A. Did the trial court, i,e., the U5. District Court, dismiss Appellant Carson's tort case based on his alleged right of publicity or did the trial court allow it to proceed to a jury. Explain why, {5 points} B. Did the Circuit Court of Appeals agree with the trial court's ruling? (2 points} C, Explain why the Circuit Court of Appea ls agreedfdisagreed with the trial court's ruling, (3 points)

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