Opinion by Judge WIGGINS; Dissent by Judge SCHROEDER.
WIGGINS, Circuit Judge:
Best Film & Video Corporation ("Best") is a New York corporation which manufactures, markets, and distributes pre-recorded videotapes. Robyn Astaire ("Mrs.Astaire") is the widow of the legendary performer Fred Astaire. Mrs. Astaire sued Best in federal district court, alleging that Best's use of her late husband's image in a series of dance instructional videotapes violated her...
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