Issue: Is the unauthorized use of an imitation of a Midler’s voice in a television commercial a violation of her right to privacy, and theft of her proprietary interest in her voice?

Rule: If a persons likeliness, voice or other personal attribute is to be used for the purpose of making a profit, then the permission of the celebrity must be obtained.

Holding: Yes. When a distinctive voice of a professional singer is widely known and deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort.