In a recent right-of-publicity opinion issued by the Court of Appeals for the 11th Circuit, the Court recognized the application of both the Restatement of the Law Second, Torts, and the Restatement of the Law Third, Unfair Competition, to Michigan law.
The case, Rosa & Raymond Parks Institute for Self Development v. Target Corp., involved the sale of several products containing Rosa Parks’ name, likeness and image at Target stores without permission. The Court determined that the sale of the products at issue did not violate the rights-holder’s (The Raymond and Rosa Parks Institute) right-of-publicity. Instead, it determined that Target’s use of Rosa Parks’ name fell under a public interest privilege.
Click here to read an article published in the Washington Post by ALI Member Eugene Volokh of UCLA School of Law discussing the 11th Circuit’s Opinion.