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Oliveira v. Frito-Lay, Inc.

Performer had no trademark rights in "signature performance" of famous song that launched performer's career; thus, defendant was entitled to dismissal of infringement action alleging wrongful use of recorded song in product advertising.

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Argued: November 3, 2000

The plaintiff, a professional singer widely known for her 1964 recording of “The Girl from Ipanema,” appeals from the entry of judgment by the United States District Court for the Southern District of New York (Loretta A. Preska, District Judge), dismissing her claims for trademark infringement under Section 43(a) of the Lanham Act, 15 U.S.C. � 1125(a), and violation of her right of publicity under N.Y. Civ. Rights Law � 51, all arising from the defendants’ use, in a television commercial for potato chips, of plaintiff’s Ipanema recording. The Court of Appeals (Leval, J.) holds that the judgment is: (1) affirmed, insofar as it dismissed under the Lanham Act 15 U.S.C. � 1125(a), and (2) vacated insofar as it dismissed the New York law claims under � 51 and under unfair competition and unjust enrichment. The New York law claims are dismissed without prejudice to repleading in state court.

Affirmed in part and vacated in part.

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