This section contains the nature of the case and procedural background.

Factors (P) had the rights to an exclusive license to commercially exploit the name and likeness of Elvis Presley. P had paid $100,000 for the license with a guarantee of $150,000. Immediately upon learning of the death of Elvis, Pro Arts (D) purchased a photo from a staff reporter of the Atlanta Journal and published that picture on a poster with the words 'In Memory 1935-1977. P learned of the poster and sued and got an injunction restraining D from manufacturing, selling, or distributing the poster until the lawsuit was over. D appealed that order.

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