John w. carson, better known as johnny carson, was the host and star of "the tonight show." his announcer used the phrase "here's johnny" to introduce mr. carson from the time the first show appeared in 1957. carson licensed the phrase for use with a clothing line he endorsed as well as a line of men's toiletries. in 1976, a michigan corporation began manufacturing and selling portable toilets for use at construction sites and at large outdoor events. the toilets were called, "here's johnny! portable toilets! " the company also used the phrase, "the world's foremost commodian" in describing its product. mr. carson filed suit. what would be the basis of his lawsuit?