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.

LEGAL ANALYIS ASSIGNMENT

Using the legal analysis methods discussed in this module, specifically the IRAC techniques you have learned, please draft a legal analysis using IRAC on one of the issues relevant to whether Daly has an arguable claim for infringement to his right of publicity by Mountain Beer and/or Celeb Magazine.

Your focus should be on applying the law to the relevant facts to formulate your legal analysis section using IRAC. For purposes of this assignment, do not discuss the federal Lanham Act. INSTRUCTIONS 1. Based on the research assignment you already completed for the first module of this three-part course, you must draft a legal analysis section using IRAC as demonstrated and explained in class, by identifying one distinct legal issues which might affect the outcome of the case.

2. You should have already completed a major part of the research for the Daly case in legal research, and are not required to conduct additional research. However, you are not restricted from conducting additional legal research if you feel the assignment requires it. You are allowed to utilize any of the research you conducted in Legal Research as a group even though this is an individual assignment. In your legal analysis identify the issue, rule, analysis, and conclusion by identifying those sections using headings.

3. You should write the summary using plain English (that is, minimize use of "legalese"). The entire document should be no more than 1500 words; double-spaced; 12 pt. font; Times new Roman; with page numbers included; indent paragraphs; and full student name. I will not be grading harshly on Bluebook citations, but I expect students to be able to formulate simple case and statute citations as reviewed in class. Any additional efforts with Bluebook citations will improve a student's overall score on the assignment.