CBC Brief - Both parties agree that after the expiration of...

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Issue : Is CBC liable for invasion of privacy to Major League Baseball? Is CBC liable for commercial appropriation of name or likeness to Major League Baseball? Rule : Commercial appropriation is: 1) the defendant used plaintiff's name as a symbol of his identity 2) without consent 3) and with the intent to obtain a commercial advantage. first amendment - freedom of speech. Application : The CBC places names and leagues of the MLB players on their website, therefore CBC is using MLB name and symbol. Even though CBC agrees to the mere use of the name, it is not the identity and the first amendment trumps the right-of-publicity. Since the information is publically available and protected by the first amendment.
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Unformatted text preview: Both parties agree that after the expiration of the 2002 agreement, CBC's continued use of the information was without consent. CBC is using the MLB players names and their likeness to operate the fantasy sports business, this constitutes intent to obtain commercial advantage. CBC does make use of the various players, but no single player is vouching or supporting CBC, it is understood that no commercial advantage is gained from any single player. Conclusion : No, CBC is not liable for invasion of privacy because the freedom of speech permits the use of information available in public domain and they are not gaining a commercial advantage. Had CBC lost they would have been liable for compensatory and with the proof of intent, punitive damages....
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