James worked at a Mercedes dealership owned by Bob Ross Buick (BRBI). In 2002, James was named

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James worked at a Mercedes dealership owned by Bob Ross Buick (BRBI). In 2002, James was named sales representative of the year. None of the sales representatives met sales quotas established for 2003. James was fired in January 2004. Soon after, BRBI sent batches of letters to customers who had worked with James, encouraging them to shop for Mercedes. The letters were addressed as if they were from James, and an administrative assistant at BRBI signed James's name to the letters.
James became aware of the letters, when a number of former clients told him they had received them. He sued for misappropriation of his name, a form of invasion of privacy. The trial court granted summary judgment in favor of BRBI. James appealed.

1. The appeals court held that James did have a claim for a kind of invasion of privacy based on the misappropriation of his name. What value would there be in a company using the name of a sales representative?
2. What would the damages likely be in such a case? What might make them higher or lower?

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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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