Lothar Motschenbacher v. R. J. Reynolds Tobacco Company, a Corporation, and William Esty Company

Lothar Motsehenbacher appeals from the district court’s order granting summary judgment in favor of defendants in his suit seeking injunctive relief and damages for the alleged misappropriation of his name, likeness, personality, and endorsement in nationally televised advertising for Winston cigarettes. The jurisdiction of the district court is founded on diversity of citizenship, 28 U.S.C. § 1332 ; appellate jurisdiction is predicated on 28 U.S.C. § 1291 .

The “facts” on which the district court rendered summary judgment are substantially as follows: Plaintiff Motsehenbacher is a professional driver of racing cars, internationally known and recognized in racing circles and by racing fans. He derives part of his income from manufacturers of commercial products who pay him for endorsing their products.

During the relevant time span, plaintiff has consistently “individualized” his cars to set them apart from those of other drivers and to make them more readily identifiable as his own. Since 1966, each of his cars has displayed a distinctive narrow white pinstripe appearing on no other car. This decoration has adorned the leading edges of the cars’ bodies, which have…