Elvis Presley controlled a company called Boxcars, Inc. Boxcars, Inc. sold to Factors Etc., Inc. (Factors) (plaintiff) the exclusive right to commercially exploit the name and likeness of Elvis Presley. When Presley died, another company called Pro Arts, Inc. (Pro Arts) (defendant) purchased the rights to a photograph of Presley and published it on a poster three days later. The poster contained the words “IN MEMORY” above the picture of Presley. Factors demanded in writing that Pro Arts cease marketing the poster. Pro Arts responded by filing a declaratory judgment action in court. Factors brought suit against Pro Arts in a separate court, where it successfully obtained a preliminary injunction against Pro Arts. Pro Arts appealed.