Property/Right of Publicity

The property cases cover the issues of abandoned property and escheat as well as the Right of Publicity. The publicity cases touch on torts (invasion of privacy) as well as Intellectual Property, however the main thrust of the cases is the Right of Publicity as property, including its descendibility. This is probably the most significant area of law that has involved Elvis' estate.

Property/Escheat (The Posthumous Concert Ticket Cases)


Presley v. County of Nassau
560 N.Y.S.2d 173 (N.Y. App. Div., Aug 14, 1990)

Overview: Elvis' Estate sues County of Nassau et al. for recovery of proceeds from unrefunded ticket sales for a concert that was canceled because of his death. Court grants defendants motion for summary judgment, and considers issues of abandoned and unclaimed property, finding against the Estate.


Presley v. City of Memphis 
769 S.W.2d 221 (Tenn. App., Dec 15, 1988)

Overview: Elvis' Estate sues his hometown city of Memphis, et al., for recovery of proceeds from unrefunded ticket sales for concerts that were canceled because of his death. Court considers issues of abandoned property and escheat and finds against the Estate.


North Carolina State Treasurer v. City of Asheville
(Elvis' Estate as Intervening Co-Defendants)

Overview: State Treasurer brought interpleader action as custodian of escheat fund for possession of money in the hands of auditorium commission and city representing unrefunded purchase price of tickets for concerts canceled because of Elvis' death. Elvis' Estate intervened in the case. The court affirmed the trial court's grant of summary judgment for the defendants and intervenors and held that the property was not abandoned or derelict.

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