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.