This seminal case involves the publishing and sale of a memorial poster, after Elvis' death, containing his picture. Plaintiff's claim to have the sole right to merchandise Elvis' name and image, and that the right to do so is descendible after his death. After six years of litigation the court finally finds in favor of the Defendants! This case also becomes entangled with the contemporaneous Creative Card Co. and Memphis Development Foundation cases. As well as Right of Publicity issues, this case also contains a great deal of Civil Procedure.
Note: Factors Etc. were the official licensees of Elvis' name and image. The licensor was Boxcar Enterprises (co-defendants), owned and operated by "Colonel" Tom Parker (56%), with Elvis and Tom Dishkin, President of Boxcar, being minority shareholders (22% each). Elvis had contracted with Boxcar for this right in return for royalty payments.
