California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A professional athlete, known for their strict vegan diet, was featured in a magazine advertisement for a new line of gourmet steaks. The athlete had not consented to the use of their image, and the advertisement strongly implied that the athlete endorsed the meat product. The athlete sued the magazine and the steak company. Which privacy tort is most applicable here?
- AIntrusion upon seclusion, because their private image was used.
- BFalse light, because they were portrayed in a way that was highly offensive to a reasonable person.
- CAppropriation of likeness, because their identity was used for commercial gain without consent.
- DPublic disclosure of private facts, because their dietary habits were misrepresented.
Show answer & explanationAnswer & explanation
Correct answer: C. Appropriation of likeness, because their identity was used for commercial gain without consent.
Appropriation of likeness involves the unauthorized use of a person's name or likeness for commercial advantage. The advertisement used the athlete's image to imply endorsement of a product, fitting this tort perfectly.
Why the other options are wrong
- A. Intrusion upon seclusion involves physically or technologically invading a private space or affair, which did not occur here.
- B. False light involves publicizing material that places a person in a false and offensive light. While the advertisement might put the athlete in a false light, the more specific and applicable tort is appropriation due to the commercial exploitation of their image.
- D. Public disclosure of private facts involves revealing true, private information that is highly offensive and not of legitimate public concern. Here, the facts were misrepresented, not merely disclosed, and the core issue is commercial use.
Appropriation of Likeness
A privacy tort that occurs when a person's name or likeness is used by another for commercial advantage without consent.
- Unauthorized use of name or likeness.
- For commercial advantage.
- Lack of consent from the individual.
Memory trick: Don't use my face for your place without my grace.