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CARSON v. HERE'S JOHNNY PORTABLE TOILETS, INC.

No. 80-1720.

698 F.2d 831 (1983)

John W. CARSON, d/b/a Johnny Carson, an individual, and Johnny Carson Apparel, Inc., a corporation, Plaintiffs-Appellants, v. HERE'S JOHNNY PORTABLE TOILETS, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 1, 1983.

Rehearing Denied March 2, 1983.

Attorney(s) appearing for the Case

Robert M. Newbury (argued), Pattishall, McAuliffe & Hofstetter, Chicago, Ill., James W. Goss, Miller, Canfield, Paddock & Stone, Birmingham, Mich., for plaintiffs-appellants.

Allen M. Krass (argued), Krass & Young, Troy, Mich., for defendant-appellee.

Before KENNEDY, Circuit Judge, BROWN and SWYGERT Senior Circuit Judges.

BAILEY BROWN, Senior Circuit Judge.

This case involves claims of unfair competition and invasion of the right of privacy and the right of publicity arising from appellee's adoption of a phrase generally associated with a popular entertainer.

Appellant, John W. Carson (Carson), is the host and star of "The Tonight Show," a well-known television program broadcast five nights a week by the National Broadcasting Company. Carson also appears as an entertainer in...

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