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LANDHAM v. LEWIS GALOOB TOYS, INC.

No. 99-5959.

227 F.3d 619 (2000)

William M. Sonny LANDHAM, Plaintiff-Appellant, v. LEWIS GALOOB TOYS, INC.; Twentieth Century Fox Film Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 18, 2000

Rehearing and Suggestion for Rehearing Denied October 30, 2000

Attorney(s) appearing for the Case

Jack Allen Wheat (argued and briefed), Joel T. Beres (briefed), David W. Nagle, Jr., Stites & Harbison, Stephen G. Wagner (briefed), Wagner & Mayer, Louisville, Kentucky, Thomas M. Bertram (briefed), II, Stanley & Bertram, Vanceburg, Kentucky, for Appellant.

Richard E. Vimont (argued and briefed), Bernard F. Lovely, Jr. (briefed), Christopher M. Parenti (briefed), Vimont & Wills, Lexington, Kentucky, for Appellees.

Before: NELSON, SILER, and BATCHELDER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 30, 2000

OPINION

BATCHELDER, Circuit Judge.

William "Sonny" Landham claims that Defendants-Appellees Galoob Toys, Inc. (f/ k/a/ Lewis Galoob Toys, Inc.) ("Galoob") and Twentieth Century Fox Film Corp. ("Fox") violated his Kentucky-law "right of publicity" and federal Lanham Act rights by marketing without his permission an action figure of the character he played in the movie Predator...

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