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Parks v. LaFace Records
Citation:
329 F.3d 437 (2003)Facts
Rosa Parks is an internationally recognized civil rights icon who gained prominence in 1955 when she refused to give up her seat to a white passenger on a segregated bus in Montgomery, Alabama. Her act of defiance sparked the Montgomery bus boycott and became a catalyst for the civil rights movement. Parks has used her celebrity status to promote various civil and human rights causes and has approved a collection of gospel recordings entitled “Verity Records Presents: A Tribute to Mrs. Rosa Parks.”
In September 1998, OutKast released an album titled “Aquemini” that included a song titled “Rosa Parks.” The song’s chorus contains the phrase “Ah ha, hush that fuss, everybody move to the back of the bus,” but the lyrics otherwise make no mention of Rosa Parks or the civil rights movement. OutKast members later stated that they never intended the song to be about Rosa Parks but used her name symbolically.
Parks filed suit alleging that OutKast’s use of her name violated her right of publicity, constituted false advertising under the Lanham Act, defamed her character, and interfered with her business relationship with the producers of the “Tribute” album. Parks submitted twenty-one affidavits from consumers who believed the song was about her or connected to her authorized “Tribute” album.
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