Plaintiff, John W. Carson, was the host and star of The Tonight Show, a well-known television program broadcast by the National Broadcasting Company. Carson also appeared as an entertainer in nightclubs and theaters around the country.
From the time he began hosting The Tonight Show, he had been introduced on the show each night with the phrase ‘‘Here's Johnny.'' The phrase ‘‘Here's Johnny'' is still generally associated with Carson by a substantial segment of the television viewing public.
To earn additional income, Carson began authorizing use of this phrase by outside business ventures. Defendant, Here's Johnny Portable Toilets, Inc., is a Michigan corporation engaged in the business of renting and selling ‘‘Here's Johnny'' portable toilets. Defendant's founder was aware at the time he formed the corporation that ‘‘Here's Johnny'' was the introductory slogan for Carson on The Tonight Show.
He indicated that he coupled the phrase with a second one, ‘‘The World's Foremost Commodian,'' to make ‘‘a good play on a phrase.'' Carson brought suit for invasion of privacy. Should Carson recover? If so, for which tort?