Davis designs eyeglass-like jewelry Gap uses photograph of model wearing his jewelry in ad Davis sues for damages Retail price of jewelry: $65-100 Davis total revenues from sales: $10,000 Received $50 fee from Vibe for use of photograph of musician wearing his eye jewelry Gap ad in circulation of approximately 2.5M magazines During period when ad in circulation, Gap revenues increased year/year to $1.7B Davis seeks portion of Gap's revenueshow should court rule