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Toney v. L'Oreal USA, Inc.

United States Court of Appeals for the Seventh Circuit
400 F.3d 905 (2005)


Facts

June Toney (plaintiff) was a model who contracted to pose for print advertisements for a product line belonging to Johnson Products Company (Johnson) (defendant). As a condition of the initial contract, Toney authorized Johnson to use her likeness in advertisements and on the product line’s packaging for a specified period of years. Toney asserted that Johnson continued to use her likeness on packaging and in advertisements after the contractually authorized period. Toney filed a complaint in state court, alleging violations of the Illinois Right of Publicity Act (IRPA). The IRPA grants all individuals the right to control how and whether others use their identities, including their names and likenesses, for commercial purposes. The district court granted Johnson’s motion to dismiss after concluding that the IRPA was preempted by the Copyright Act. Toney appealed the decision.

Rule of Law

Issue

Holding and Reasoning (Kanne, J.)

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