Astrud Oliveira (plaintiff) was the singer on a popular song recorded in 1964, “The Girl from Ipanema.” Oliveira did not compose the music, write the lyrics, produce the song, or acquire any copyrights to the recording. In 1996, Frito-Lay, Inc, (defendant) purchased a license to use the recording of the song in a potato chip commercial from the copyright holders for $200,000. Oliveira sued Frito-Lay, claiming that through the fame of the song she had become known as “The Girl from Ipanema” to the public and had therefore acquired trademark rights in the 1964 recording, and that Frito-Lay could not use the recording without her permission and had infringed her trademark rights. The district court granted Frito-Lay’s motion for summary judgment and dismissed Oliveira’s claim. Oliveira appealed.