chapter 4 "the tonight show" case

Chapter 4 "The Tonight Showcase A+ Johnny Carson, host and star of the Tonight Show appeared also as an entertainer in night clubs and theaters around the country, When Carson first started a daily television program for ABC, he was introduced with the phrase "Here's Johnny This phrase continued to be associated with Carson on the Tonight Show and was generally associated with Carson by members of the public Carson had authorized the use of this phrase by a chain of restaurants, a line of men's apparel, and a line of men's toiletries. The phrase "Here's Johnny" has never been registered as a trademark or service mark Here's Johnny Portable Toilets. Inc. was a Michigan corporation engaged in the business ot renting and selling "Here's Johnny" portable toilets. The founder of the corporation was aware that "Here's Johnny" was the introductory slogan for Carson and he coupled the phrase with a second one, "the World's Foremost Comedian", for marketing purposes. Carson sued for damages and an injunction prohibiting the further use of the phrase "Here's Johnny" in connection with the sale or rental of its portable toets. The defendant argued that it did not intend to deceive the public into believing Carson was connected with the product. Did the owners of the Michigan corporation act ethically in using the phrase "Here's Johnny