Moving PresLaw.info

PresLaw.info has moved to a new hosting platform - if you are reading this post, please visit www.preslaw.info to visit our new updated site.

Factors Etc., Inc. v. Pro Arts, Inc. (The "In Memory" Poster Saga)

Overview

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.

When Elvis Met Nixon: The Documents (Part Three) - Meeting Agenda

Egil Krogh

This memorandum, hastily compiled by Nixon aide, Egil Krogh, to present to the President essentially constituted a possible meeting agenda between President Nixon and Elvis.

As with Dwight Chapin and H. R. Hadelman, who were also involved in the Nixon meeting, Krogh was also ultimately imprisoned for his role in the Watergate scandal.

Ironically, at the time of writing, Krogh currently serves as Senior Fellow on Ethics and Leadership at the Center for the Study of the Presidency and Congress and Counselor to the Director at the School for Ethics and Global Leadership.

Of note in the agenda are points III.E.3 and III.E.4, which suggest discussing the creation of a Rock Musical and Elvis album entitled "Get High on Life." Not one of Krogh's better ideas, I think!

Curtin v. Star Editorial Inc. (1998)

Overview: In this case, plaintiff, James Curtin is suing Star Magazine for copyright infringement, breach of contract, and unjust enrichment over Star Magazine's use of photographs from Mr. Curtin's book, "Elvis and the Stars."

In the complaint, Curtin acknowledges that only one of his photographs was actually copied (though cropped) and the other photographs were merely similar to those in his book.

The defendant, on the other hand, moves to have the case dismissed in accordance with Rule 12(b)(6) of the Federal Rules of Civil Procedure.

The court's rulings are divided, sometimes in favor of the plaintiff and sometimes in favor of the defendant. The rulings also include some amusing Elvis-related humor!

State ex rel. Cole v. Francisco (1982)

Buy on Amazon

Overview: In this case that is being heard by the Supreme Court of Tennessee, James P. Cole and Charles C. Thompson, II (professional journalists employed by the ABC news magazine 20/20 & later authors of The Death of Elvis: What Really Happened?) are asking the court to require the Shelby County Medical Examiner, Jerry T. Francisco, to make various documents available that related to Elvis' death and autopsy.

In addition, they are also attempting to have the court require the District Attorney General, Hugh Stanton, to intervene in the action as a plaintiff.

The Court rules against Cole & Thompson on both issues.

Medical Examiner's Report (Autopsy) on the Death of Elvis Presley

Below is a PDF copy of the the medical examiner's report that was carried out on Elvis after his death. This 2-page report was signed and submitted by the Shelby County Medical Examiner, Dr. Jerry Francisco.

The cause of death noted on this report was "H.C.V.D. associated with ASHD" which refers to "Hypertensive Cardiovascular Disease associated with Arteriosclerotic Heart Disease."


Note, as clarified on the Elvis Decoded blog, this report is NOT the official autopsy report, which is the private property of the Presley family. Also, this is not the official death certificate, which, under Tennessee law will be kept private for 50 years after Elvis' death and will therefore be made public in 2027.

Board of County Commissioners of Shelby County v. Taylor (1994)

Dr. Jerry T. Francisco
(photo by Alan Spearman)

Overview: This is a suit by the Board of Commissioners of Shelby County in which they are asking the court to issue a write of mandamus to require the State Registrar of Vital Records "to investigate any and all irregularities or possible violations of law involving statements on the death certificate of Mr. (Elvis) Presley, including a thorough, objective inspection of all medical records surrounding his death."

(Note: Mandamus is a legal term that refers to a court issuing a writ that orders a public agency, official, or governmental body to perform an act required by law when it has neglected or refused to do so.)

The defendant filed a motion to dismiss this case, which was sustained by the lower court and the suit was dismissed. Here, the plaintiffs are appealing and presenting two issues to the appellate court to determine. The appellate court affirms the ruling of the lower court.

Broadcast Music, Inc. v. Aartie Restaurant Management, Inc. (1993)

The old Federal Courthouse, Tampa

Overview: Plaintiff songwriters and music publishers sue for copyright infringement by unlicensed public performance of copyrighted material in defendant's restaurant.

Elvis Presley Music is a co-plaintiff in this case.

The court also discusses summary judgment issues.

When Elvis Met Nixon: The Documents (Part Two) -The Chapin Memo

Dwight Chapin

Overview: This memo was written by White House aide, Dwight Chapin, to H. R. Hadelman (White House Chief of Staff to President Richard Nixon), on December 21, 1970. In the memo, Chapin describes the purpose of Elvis' visit, 'to become a "Federal agent at large" to work against the drug problem by communicating with people of all ages.'

He then offers his suggestions as to how the meeting should take place and is clearly in favor of Elvis meeting with the President rather than fobbing him off with the Vice President.

H. R. Hadelman

The memo ends with Chapin's comment: 'In addition, if the President wants to meet with some bright young people outside of the Governent, Presley might be a perfect one to start with.' In handwriting by this comment, author unknown, are the words "You must be kidding." So I guess someone at the White House, perhaps Hadelman, wasn't quite so convinced of the benefits of having President Nixon meet with Elvis!

Note: Both Dwight Chapin and H. R. Hadelman were heavily involved in the subsequent Watergate scandal. Chapin was convicted and served nine months in prison as a result. Later in his career, Chapin worked for both Ronald Reagan and George H. W. Bush. Hadelman resigned as a result of the scandal and was later convicted and served 18 months in prison. On release, Hadelmen worked as a private businessman and died of cancer in 1993.

In Re Fairfield General Corp. v. Presley (1978)

Robert Vesco

Overview: In this relatively complex case, receiver files petition seeking to compel Elvis' Estate to proceed with purchase of a Boeing 707 airplane or pay damages. The court doesn't rule on the issues but orders the Chancery Court to make a set of determinations on remand in order to properly settle the case.

Robert Vesco, fugitive financier of questionable character, was also heavily involved in this case with interests in Fairfield General Corp. and International Controls Corp.

This case deals with some interesting issues related to Specific Performance, Judicial Sales, Receivership, etc.

Vernon Presley, as executor of Elvis' estate, appears as co-defendant.

RCA Records v. Hanks (1982)

Tom Paker ("The Colonel")

Overview: This case, concerning royalties owed by RCA, features Priscilla Presley as co-executor of Elvis' Estate, Blanchard E. Tual, Jr. as Lisa Marie Presley's Guardian Ad Litem, and Elvis' ex-manager, "Colonel" Tom Parker co-defendants.

RCA Records brought an interpleader action to determine who was the rightful owner of certain royalties due under its agreement with Elvis Presley.

Here, Defendant "Col." Tom Parker is seeking either to dismiss the interpleader action and the estate's cross-claims for lack of jurisdiction or to transfer the case to the federal district court in Nevada on the ground that this district is an improper venue.

The court denies Parker's motion to dismiss or transfer the interpleader action but grants his motion to dismiss the estate's cross-claims.

Dowling v. United States (1985)

Overview: In this criminal case that reached the United States Supreme Court, the Defendant, Dowling, was convicted in the U.S. District Court for mail fraud (United States v. Dowling, 1984), interstate transportation of stolen property, and conspiracy to transport stolen property interstate as a result of the sale and distribution of large quantities of bootleg recordings of Elvis Presley. The Court of Appeals for the 9th Circuit affirmed, and the U.S. Supreme Court then heard the case on petition for writ of certiorari.

One issue faced the Supreme Court, whether the interstate transportation of bootleg recordings, in infringement of copyright, violated the National Stolen Property Act (18 U.S.C. 2314).

A majority of the Court held (with opinion by Justice Blackmun, dissent by Powell, joined by Burger and White) that infringement of copyright did not amount to "theft, conversion, or fraud."

Note: In this case, a brief was filed on behalf of the Recording Industry Association of America, Inc., as amicus curiae urging affirmance of the conviction.

North Carolina State Treasurer v. City of Asheville (1983)

Overview: The North Carolina State Treasurer brought an interpleader action as custodian of escheat fund for possession of money in the hands of the auditorium commission and city of Asheville representing unrefunded purchase price of tickets for concerts canceled because of Elvis' death.

Elvis' Estate intervened in the case as co-defendants. Jerry Weintraub, another intervenor, was the promoter for the Elvis concerts.

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.

Presley v. City of Memphis (1988)

Elvis Fans outside
Mid-South Coliseum

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.

In this case of first impression within Tennessee, the Court of Appeals of Tennessee considers issues of abandoned property and escheat and finds against the Estate.

When Elvis Met Nixon: The Documents (Part One) - Elvis' Letter to President Nixon

Overview: On December 21, 1970, Elvis visited President Richard Nixon at the White House in Washington, D.C. This meeting was initiated by Elvis when he wrote a 6-page letter to the President on American Airlines stationery, while on a red-eye flight to Washington, D.C. In this letter Elvis suggested that he be made a "Federal Agent-at-Large".

The letter was delivered by hand at an entrance gate to the Whitehouse at 6:30am. This letter was then delivered to Egil "Bud" Krogh, one of the President's aides, who was also an Elvis fan.

Krogh was instrumental in making the meeting happen and, with official approval, phoned the Washington Hotel, where Elvis was staying, and arranged the meeting with Elvis' staff member, Jerry Schilling.

The Elvis Presley FBI Files: Part 2 of 12

This is the second set of papers released from the FBI vault that involve Elvis containing 663 pages in total.

The first 51 pages are available in part one of this series. This set contains the next 25 pages of documents. Click here to see all of the FBI Files documents currently posted on PresLaw.info.

This set includes details regarding harassing phone calls, a letter to J. Edgar Hoover disapproving of Elvis (see Selected Highlights below), details of an extortion attempt, details of a threatened kidnap while Elvis was performing in Las Vegas as well as details of a death threat against Elvis.

Not Your Average Backyard Variety Swing v. Elvis Presley Enterprises (2009) (NZ Case)

The Elvis Cutaway

Overview: In this New Zealand case, Elvis Presley Enterprises is attempting to prevent registration of the trademark "Elvis Cutaway" by a New Zealand company, Shotover Canyon Swing.

Shotover is a company that offers cliff jumping experiences and the Elvis Cutaway is a particular jump style, described as "The king of all head rushes." (See http://www.canyonswing.co.nz/ and use the jumpstyles arrows to find The Elvis Cutaway.)

The Intellectual Property Office of New Zealand ruled against Elvis Presley Enterprises and allowed the trademark to be registered.

You have to ask yourself, why would Elvis Presley Enterprises be so concerned with challenging this trademark, in New Zealand, against a cliff jumping experience company? Don't they have better things to do with Elvis' legacy?

The Service Mark Alternative to the Right of Publicity: Estate of Presley v. Russen

Overview: This scholarly law review article discusses the Right of Publicity in light of the Estate of Elvis Presley v. Russen (1981) case.

Introduction: In recent years, the development of the doctrine of the right of publicity has gained significant attention from both courts and commentators. In essence, the doctrine protects the right of an individual, especially a public celebrity, to reap the benefits of the commercial use of his or her persona.

Citation: Patrick J. Heneghan and Herbert D. Wamsley, The Service Mark Alternative to the Right of Publicity: Estate of Presley v. Russen, 2 Loy. L.A. Ent. L. Rev. 113 (1982)

Estate of Elvis Presley v. Russen (1981)

Larry Seth in The "Big El" Show

Overview: Estate of Elvis Presley sues producer of Elvis impersonator show for trademark infringement, common-law unfair competition, and infringement of right of publicity.

This case has a very long opinion with 54 footnotes and discusses the issues in great depth. The key issues discussed include standing, laches and acquiescence, preliminary injunction standards, right of publicity & trademark infringement.

Note: Rob Russen was the producer of the "Big El" show, the actual performer was Larry Seth. See Larry Seth - The Big El.

Elvis Presley Enterprises v. Sid Shaw Elvisly Yours (1999) (U.K. Case)

Overview: In this case, the Court of Appeal is ruling on an appeal by Elvis Presley Enterprises, Inc. against the ruling of the High Court in the 1997 case.

Here, the Court of Appeal dismisses the appeal by Elvis Presley Enterprises, ruling in favor of Sid Shaw and Elvisly Yours, in contrast to the American cases (1987) and (1991).