Landham played the role of Billy, the Native American tracker, in the 1987 Fox film Predator starring

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Landham played the role of Billy, the Native American tracker, in the 1987 Fox film Predator starring Arnold Schwarzenegger. In 1995, Fox licensed to Galoob Toys the right to produce and market a line of its "Micro Machine" toys based on Predator.
One of three sets of toys contained a "Billy" action figure. It is 1.5 inches tall and bears no personal resemblance to Landham. Landham sued Galoob and Fox for false endorsement under the Landham Act and for violating his right of publicity (a part of the right to privacy). The district court dismissed the suit. Landham appealed. Does he have a suit in tort for the violation of his right of publicity and/or a suit for trademark infringement?

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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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