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Rosa and Raymond Parks Institute for Self-Developmentv.Target Corp.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.15-10880
DecidedJanuary 4, 2016
Reporter812 F.3d 824
JudgesCircuit Judges Robin S. Rosenbaum, Julie Carnes, and James C. Dubina; Judge Rosenbaum authored
Tags
CivilTort LawFirst AmendmentCivil RightsSummary JudgmentStatutory Interpretation
Case Summary

The Rosa and Raymond Parks Institute sued Target over books, a film, and a plaque depicting Rosa Parks and invoking her role in the Civil Rights Movement. The district court dismissed the Institute’s claims, including right-of-publicity, misappropriation, and unjust-enrichment theories, and the Eleventh Circuit affirmed. Applying Michigan law, the court held that Target’s use of Parks’s name and likeness in expressive works addressing matters of public interest was protected by Michigan’s qualified privilege. The court rejected the Institute’s effort to condition that protection on payment of a fee, explaining that discussion of Parks and the Movement was a matter of public concern. Because the use was not unlawful, the derivative misappropriation and unjust-enrichment claims also failed.

Opinion

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