Q3. (Max 10 points) The right of publicity is intended to protect the rights of persons, including celebrities, to profit from their "brand" and identities. 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 person/celebrity is not used? Read the case of Johnny Carson v. Here's Johnny Portable Toilets, Inc., 698 F.2d 831 (6th Cir. 1983) and answer the following questions:

A. Did the trial court, i.e., the U.S. 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)

The court of appeals did not agree as the Court of Appeals for the Sixth Circuit vacated the district court's judgment resulting in the dismissing of the complaint.

C. Explain why the Circuit Court of Appeals agreed/disagreed with the trial court's ruling. (3 points)