Write a Legal Memorandum about the case below in CREAC writing style. Use the attached case as support for the opinion, and use the statue “right to publicity” and civil code 3344 and 1st amendment right to support the memorandum. Legal Memorandum 2 pages double spaced.
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.
Instructions:
Prepare a written legal memorandum, addressed to your managing partner, Managing Partner, analyzing whether Daly would prevail in such an action in California. You may consider cases outside of California if they are relevant, but do not rely on federal law. The client matter number for this assignment is 81976-21115.
Your memorandum should be formatted in the legal memorandum form shown in the Appendix of your textbook. It should include the following sections:
CREAC writing style
Issue(s)/Question(s) Presented
Brief Answer
Facts
Discussion/Analysis
Conclusion