BACKGROUND To: Paralegal From: Senior Partner Client Matter: 02017-354941 Our client, Jake Daly, is a famous baseball player. Celeb Magazine, a weekly publication similar to People, recently featured an advertisement showing an individual who closely resembles Daly. Although the individual's face in the ad is shadowed, the "look alike" is wearing a baseball uniform and is shown in Daly's highly distinctive pitching stance. The look-alike is holding a can of beer. The text accompanying the ad reads, "The great ones drink the great beer: Mountain Beer." Daly did not authorize the ad, although he does drink Mountain Beer. The magazine also displays a photo of Daly leaving a well-known restaurant with a group of friends. This photo is displayed with those of several other celebrities in a pictorial feature titled "Celebs about Town." Daly did not authorize the magazine to take or print this photograph. Daly would like to sue Mountain Beer and Celeb Magazine for infringing his right of publicity. RESEARCH ASSIGNMENT Using the legal research process techniques you have learned, please conduct preliminary research relevant to whether Daly has an arguable claim for infringement to his right of publicity by Mountain Beer and Celeb Magazine. Your focus should be on identifying relevant law that would help inform us how these issues might be decided in California. For purposes of this assignment, do not discuss the federal Lanham Act. Accordingly, your answer responses should identify California and federal materials that discuss California state law and any federal constitutional issues.

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