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 strongly resembles Daly. Although the individual's face in the ad is shadowed, the "look alike" is wearing a baseball uniform identical to that of Daly's and is posed in Daly's highly distinctive pitching stance. Many individuals who have been interviewed have stated that they believe the figure is Daly. 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 infringement of his right of publicity.

I need assistance writing a memorandum, addressed to my managing partner, Managing Partner, analyzing whether Daly would prevail in such an action in California.

My main focus would be about common law right of publicity with Celeb Mag - Daly Prevails.

I can consider cases outside of California if they are relevant, or federal law.