TOM WAITS, Plaintiff-Appellee, v. FRITO-LAY, INC.; TRACY-LOCKE, INC., Defendants-Appellants., 978 F.2d 1093

Summary

Appellee singer initiated an action against appellant corporations alleging voice misappropriation and false endorsement in violation of the Lanham Act (Act), 15 U.S.C.S. § 1125(a). The jury awarded compensatory and punitive damages and attorney's fees, and appellants sought review. The court held that appellee's voice misappropriation claim was not preempted by federal copyright law because the elements of voice misappropriation, a voice that was distinctive and widely known, were different in kind from those in a copyright infringement case challenging the unauthorized use of a song or recording. The court held that the evidence to support the compensatory damages award was sufficient. Pursuant to Cal. Civ. Code § 3294(a), punitive damages were available because clear and convincing evidence supported the finding of "high probability." The court held that false endorsement claims were properly cognizable under § 43(a) of the Act. However, the court vacated the damages award under the...