A Slam Dunk?

The City of Toronto had been hoping for many years that one of its professional sports teams would win a championship. For example, the city's hockey team, the Maple Leafs, has not won the Stanley Cup since 1967. The baseball team, the Blue Jays, last won a World Series in 1993. Toronto's basketball team, the Raptors, was established in 1995 and had not won a championship until 2019, when the team defeated the Golden State Warriors in the NBA finals. Smoothies-in-the-Six has two locations in Toronto at which they serve ice cream and frozen treats. In honour of the Raptors' victory, they introduced the "Dino Dream" smoothie, served in a commemorative Championship cup. The cup featured a picture of star forward Kawhi Leonard, the player who helped to lead the team to victory. The Dino Dream was a big hit with many jubilant basketball fans, even after Kawhi announced that he was leaving the Raptors to play in Los Angeles. The company's owner, Wilfred, was careful to photoshop the picture of Kawhi, replacing the Raptor logo with the Smoothies-in-the-Six logo to "avoid any legal troubles". Unfortunately, one of Kawhi's former bodyguards, Vernon, recently stopped by a Smoothies-in-the-Six location and noticed the cups on display in the store. He has come to see you and would like to know what can be done to stop the business from using Kawhi's image without his permission.

Questions

1. What is a tort? What is the purpose of tort law?

2. Identify and explain the three things that generally one must prove in order to recover in tort.

3. Can tort law be used to help Kawhi Leonard stop the unauthorized commercial exploitation of his image to sell smoothies? Explain.