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TONEY v. L'OREAL USA, INC.

No. 03-2184.

406 F.3d 905 (2005)

June TONEY, Plaintiff-Appellant, v. L'OREAL USA, INC., The Wella Corporation, and Wella Personal Care of North America, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 2005.

Rehearing Denied June 21, 2005.

Attorney(s) appearing for the Case

June Toney, Chicago, IL, pro se.

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

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

Before KANNE, EVANS, and WILLIAMS, Circuit Judges.

Rehearing En Banc Denied June 21, 2005.

KANNE, Circuit Judge.

June Toney's photograph was used to advertise a hair product marketed by Johnson Products Company. Toney consented to the use of her photograph for a limited time, but when a successor company later used the photograph without her permission, Toney filed suit alleging that her right of publicity had been violated. The district court dismissed her claim after finding that it was preempted by federal...

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