What is best argument make defend against claim


Problem: Seth Marlton is the top wide receiver on the Los Angeles Stars, a professional football team. Every time he scores a touchdown, he does his signature backflip, which has brought him a great deal of notoriety. A local car dealership recently ran a series of advertisement in which a cartoon football player wearing a uniform that resembles the Stars' uniform does backflips across the screen, with the tag line, "You will flip over our deals!" If Seth Martlon sues the car dealership and its ad agency claiming they have infringed on his right to publicity, what is the best argument they can make to defend against his claim? a. Seth Marlton is not the only football play that does celebratory backflips, so it is not clear that the advertisements were trying to use his celebrity for commercial gain. b. Because the advertisements are animated, consumers are unlikely to take them seriously. c. Because the advertisements did not use actual images of Seth Marlton, he does not have a claim. d. As a professional football player who is prominent in the public eye, he has no right to publicity

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