1. Your client, Dreamy McSteamy is a popular motocross driver known far and wide
ID: 469239 • Letter: 1
Question
1. Your client, Dreamy McSteamy is a popular motocross driver known far and wide for his long black hair, dangerous dark eyes, and zebra-striped motorcycle emblazoned with a purple number 7. Recently, a movie studio released an animated children’s film featuring a handsome, smooth-talking, purple leopard-spotted motorcycle, with the number 7 prominently displayed on the gas tank. McSteamy wishes to file a claim against the studio on the grounds that the film’s “star” bears an uncanny likeness to McSteamy’s public image, and hence, violates his right of publicity.
i. Locate and correctly cite relevant secondary authority
ii. Provide your exact search query – Include database id
iii. State the legal issue/s involved after studying the information therein
iv. Locate an on point case from an Oklahoma State Court
v. Does the case appear to work for or against your client?
Explanation / Answer
Right to publicity aka right to personality refers to the rights of an individual which gives an authority to control his/her name, likeness, and image against any commercial use.
Primary authority: Set of officially endorsed rules and regulations which are issued by the judicial authorities such as court, constitution etc.
Secondary authority: It is the set of unofficially commentated statement about the law. The secondary authority does not necessarily have the power to define rules pertaining to any jurisdiction. The law-review articles are an example of secondary authority.
i.
Relevant secondary authority: The relevant secondary authority in this case will be the review articles written on the Right to publicity that happened in the past in the state.
A relevant secondary authority in this case can be the judgement summary of the case of Mark Brill v. The Walt Disney Company
ii.
Exact search query for this case reference will be “Right to publicity cases in Oklahoma”
iii.
The legal issue that comes to light after reading the given case is to decide if the movie studio has violated the right of publicity of Dreamy McSteamy.
iv.
On point case from an Oklahoma State Court is given below:
Mark Brill v. The Walt Disney Company Oklahoma Court of Civil Appeals, November 30, 2010
v.
It cannot be confidently said if the case will go in favor or against the client. It can be concluded only after the proper investigation is carried out.
Though, there are strong chances that the client will win the case since the character portrayed by movie studio imitates nearly all the features of the public image of McSteamy.
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