[ql06] TORTS: Misappropriation of Personality
- From: "Kenneth Campbell [QL06]" <2kc16@xxxxxxxxxxxxxxxx>
- To: <ql06@xxxxxxxxxxxxx>
- Date: Tue, 6 Jan 2004 11:39:13 -0500
Today, in our small section (Torts) we started with Kim Brooks.
Business torts -- including deceit and passing off. I asked if
misappropriation of personality was a sub-tort under the passing off
umbrella. She said no, and commented it was too bad it wasn't included
because "it's a fun one."
She's right, it is a fun one. I dealt with Roger Clemens on a matter
like that (domain name) when he was a client of mine.
But my favorite misappropriation of personality case is Tom Waits v.
Fritos! The Hobo King won bigtime -- $2.6 million!! I made a pdf of it,
stored it online, in case you want to read it:
www.kkc.net/QL06/1992_waits_v_fritos.pdf
Always fun to read a court trying to "understand" someone like Waits...
BTW: I sent that case to Kim Brooks adding that while it will condemn me
to C's for the rest of my Tort days, "Waits is superior to Springsteen."
(Kim introduced herself to us on Opening Day as "the world's biggest
Bruce Springsteen fan.")
Ken.
--
And I was pacing myself, trying to make it all last
Squeezing all the life out of a lousy two-day pass
And I had a cold one at the Dragon with some Filipino floor show
And I talked baseball with a lieutenant over a Singapore Sling
And I wondered how the same moon outside over this Chinatown fair
Could look down on Illinois and find you there
I know I love you, baby
-- Tom Waits, 1985
"Shore leave"
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