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Estate of Presley v. Russen

United States District Court for the District of New Jersey
513 F. Supp. 1339 (1981)

Written by Sarah Holley, JD

Facts

Rob Russen (defendant) was the producer of “The Big El Show,” a live stage production that was patterned after an actual Elvis Presley stage production. The production featured an Elvis Presley impersonator who wore the same style of clothing and jewelry as did Presley, wore his hair in the same style as did Presley, handed out scarves to the audience as did Presley, and sang Presley’s songs as he imitated Presley’s distinctive voice and poses. The Estate of Presley (plaintiff) brought suit against Russen, asserting that “The Big El Show” infringed on the right of publicity the Estate had inherited from Elvis Presley, and seeking to permanently enjoin Russen from using the name or likeness of Presley in connection with the production or any promotional materials therefor, among other relief.

Rule of Law

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Holding and Reasoning (Brotman, J.)

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