Discuss the following in detail:
1. For decades until his retirement in the 1980"s, Johnny Carson hosted "The Tonight Show" on NBC television. His show always opened with his announcer Ed McMahon introducing Carson with the words "Here's Johnny!" On occasion, Carson used his name and likeness to sell Tonight Show-related apparel and even sold a product or two with the phrase 'Here's Johnny, " on It, although the latter was not a significant part of his licensing business. In the late 1970's, Here's Johnny Portable Toilets. Inc., a Michigan corporation began to engage in the business of renting and selling "Here's Johnny" portable toilets. The Michigan Corporation was not owned by or affiliated with Johnny Carson, the Tonight Show, NBC or any other company affiliated with Carson or his show. The Michigan Corporation's founder, however, was aware at the time he formed the corporation that "Here's Johnny' was the introductory slogan for Carson on "The Tonight Show." He believed that his company's use of "Here's Johnny" did not unlawfully intrude upon the name or likeness of Mr. Carson and he even coupled the phrase with a second one. "The World's Foremost Commodian, " to make "a good play on a phrase." Should the Michigan Corporation be held liable to Johnny Carson and his companies under tort law for misappropriation? Explain why or why not.
2. Cynthia, a student at UC Berkeley, visited her hometown of Coalinga and, thereafter, wrote "An Ode to Coalinga" and posted it in her online journal at MySpace. Her page included her picture but did not contain her last name. The Ode told of how she despised her hometown and made a number of extremely negative comments about the town and its inhabitants. Six days after publishing her Ode on MySpace, Cynthia decided to remove it from her page. The principal of Coalinga High School, Roger Campbell, saw the Ode and decided to forward Cynthia's Ode to the local newspaper. The local newspaper decided to publish the Ode in its Letters to the Editor section and used Cynthia's full name in connection with it. The community reacted violently to the Ode and Cynthia's family was forced to close its local business and move out of town as a result. Cynthia and her family sued Mr. Campbell and the newspaper alleging that their public disclosure of the Ode violated their right-of-privacy. Explain whether Cynthia and her family's rights to privacy were violated