Wells v. Chattanooga Bakery, Inc.
Plaintiff Bradley Wells sued Chattanooga Bakery, Inc. (CBI) and Dr. Pepper/Seven Up, Inc. (DPSU) for alleged unlawful use of his image in advertising, asserting claims under the Tennessee Personal Rights Protection Act, Tennessee Consumer Protection Act, and common law. The photograph, taken over thirty years prior, featured Wells as an unidentifiable young boy. The trial court dismissed the complaint, ruling that the claims were completely preempted by the Copyright Act of 1976. The appellate court affirmed the dismissal, agreeing that Wells's state law claims were based on rights equivalent to those protected by the Copyright Act, as the photograph was a copyrightable work and Wells's identity was not recognizable within it. The court found that his claims for unjust enrichment, accounting, and conversion also fell within the scope of copyright law, leading to their preemption.