The Tennessee Court of Appeals has ruled that the use by the makers of MoonPies and RC Cola of a more than 30-year-old photograph did not violate the rights of the area resident depicted. Bradley Wells had sued CBI and Dr. Pepper Snapple Group two summers ago, claiming the companies had, among other things, violated the Tennessee Consumer Protection Act and unjustly enriched themselves off his image. But the defendants won the day both in trial court and before the appeals judges by arguing that the case centered on federal copyright issues and this couldn't be heard in local courts.
Bone McAllester Norton attorney Stephen Zralek writes here about how he helped win the case.
This case highlights the intersection between the right of publicity and copyright, serving as a reminder that questions of preemption are always decided on a case by case basis. Not all photographs qualify for protection under either copyright law or the right of publicity; sometimes they invoke rights under one body of law, sometimes both and sometimes neither. The legal nuances surrounding copyright and the right of publicity are complicated, rapidly evolving and sometimes overlapping.
Mignon Francois is expanding her Cupcake Collection business to Donelson, where she plans to open a bakery and store later this spring in the space occupied until recently by Becker's Bakery. Dana Kopp Franklin has the details at Bites.
François says there won't be many changes at the original Germantown location at 1213 Sixth Ave. N.. It will continue to be a cupcake bakery and store. "We'll run two bakeries," she says.
The new location is double the size of the original and will allow The Cupcake Collection to expand into baking all kinds of cakes. In addition, the new place will be more of a cafe and hangout, with sandwiches and salads and free Wi-Fi.
Downtown Franklin is getting a Kilwins Chocolates store at some point this year. Richel Albright at Franklin Homepage says the Michigan-based company will fill a prime Main Street spot occupied until late last year by a salon and day spa. Kilwins' only other Tennessee location is in Gatlinburg, but the company runs about 90 stores around the country.
Cracker Barrel Old Country Store executives say the first products under their licensing agreement with a unit of Smithfield Foods will hit store shelves next week. The starting lineup includes several types of bacon, spiral ham and four types of lunch meat. More info here.
- BRASWELL, ROBERT
- GARRETT, JOHNNY C EXECUTOR; GARRETT, JOHNNY C IV EXECUTOR; GARRETT, ANN BIGGER ESTATE; GARRETT, TIMOTHY M EXECUTOR
- GARRETT, TIMOTHY M EXECUTOR; GARRETT, ANN BIGGER ESTATE; GARRETT, JOHNNY C EXECUTOR; GARRETT, JOHNNY C IV EXECUTOR
- GARRETT, JOHNNY C IV EXECUTOR; GARRETT, JOHNNY C EXECUTOR; GARRETT, ANN BIGGER ESTATE; GARRETT, TIMOTHY M EXECUTOR