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. Capece (1996)

Overview: In this District Court case, also known as "The Velvet Elvis Case," assignee and registrant of all trademarks, copyrights, and publicity rights belonging to the Elvis Presley estate sues operators of "The Velvet Elvis" restaurant for trademark infringement and dilution, and violation of its right of publicity in the name of Elvis Presley. Here, the District Court finds for Capece, which was later reversed and remanded on appeal by the United States Court of Appeals, Fifth Circuit(May 7, 1998).

Note: There is some wonderful Judicial Humor at the end of this opinion!

State ex rel. Elvis Presley Intl. Meml. Found. v. Crowell (1987)

Overview: Elvis' Estate intervenes on behalf of defendant in case where a not-for-profit corporation (Elvis Presley Intl. Meml. Found.) was seeking to dissolve a similarly named corporation set up by the Estate (Elvis Presley Meml. Found.) and to prevent its use of Elvis' name. The case discusses the Right of Publicity as compared to the Right of Privacy, the Right of Publicity as Property and its descendibility, the defense of Laches, and the right of the Estate to intervene on behalf of the defendants.

Hoste v. Radio Corp. of America (1981)

This case features Vernon Presley, Executor of Elvis' Estate, as co-defendant.

Overview: Hoste, songwriter, seeks damages for copyright infringement, claiming Elvis performed a song almost identical to one that she wrote. Case deals with issues of summary judgment, statute of limitations, and laches defense.