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TONEY v. L'OREAL U.S.A., INC.

No. 03-2184.

384 F.3d 486 (2004)

June TONEY, Plaintiff-Appellant, v. L'OREAL U.S.A., INC., the Wella Corporation, and Wella Personal Care of North America, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 21, 2004.

Attorney(s) appearing for the Case

Thomas J. Westgard (argued), Chicago, IL, for Plaintiff-Appellant.

John S. Letchinger (argued), Wildman, Harrold, Allen & Dixon, Chicago, IL, Daniel M. Feeney, Miller, Shakman & Hamilton, Chicago, IL, for Defendant-Appellee.

Before KANNE, EVANS, and WILLIAMS, Circuit Judges.

KANNE, Circuit Judge.

I. Background

In November 1995, June Toney, a model who has appeared in print advertisements, commercials, and runway shows, authorized Johnson Products Company to use her likeness on the packaging of a hair-relaxer product called "Ultra Sheen Supreme" from November 1995 until November 2000. In addition, Toney authorized the use of her likeness in national magazine advertisements for the relaxer...

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