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ANDRETTI v. BORLA PERFORMANCE INDUSTRIES, INC.

Nos. 04-1835, 04-2404, 04-2406.

426 F.3d 824 (2005)

Mario ANDRETTI; M.A. 500, Incorporated, Plaintiffs-Appellants/Cross-Appellees, v. BORLA PERFORMANCE INDUSTRIES, INCORPORATED, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 21, 2005.

As Revised on Denial of Rehearing November 23, 2005.

Attorney(s) appearing for the Case

ARGUED: Eric D. Scheible, Wineman & Scheible, Bloomfield Hills, Michigan, for Appellants. Jeffrey P. Thennisch, Dobrusin & Thennisch, Birmingham, Michigan, for Appellee. ON BRIEF: Eric D. Scheible, Wineman & Scheible, Bloomfield Hills, Michigan, for Appellants. Jeffrey P. Thennisch, Dobrusin & Thennisch, Birmingham, Michigan, Melvin M. Raznick, Law Offices of Melvin Raznich, Southfield, Michigan, for Appellee.

Before: GUY, BATCHELDER, and GILMAN, Circuit Judges.

OPINION

RALPH B. GUY, JR., Circuit Judge.

This case involves a dispute over Mario Andretti's right of publicity. Mario Andretti and Car Sound Exhaust System, Inc. (Car Sound) entered into a contract in which Andretti agreed to be Car Sound's corporate spokesperson. During the contract period, defendant Borla Performance Industries, Inc. (Borla) advertised a statement Andretti had made about Borla's product. Andretti had no prior knowledge and did not give...

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