Toney v. L’Oreal USA, Inc.

406 F.3d 905 (7th Cir. 2005)

This opinion was issued on reconsideration after the original opinion was widely criticized for failing to differentiate between the likeness itself (protected by the right of publicity) and it's fixation (protected by copyright). The original opinion relied on the also-criticized Baltimore Orioles v. MLB decision. The new opinion in this case "clarified" the publicity aspect of Baltimore Orioles.