Extra Innings · Cards & Faces
The Windup in the Beer Ad
Newcombe v. Adolf Coors Co. (1998)
Charge: Misappropriation of likeness (common law and Cal. Civ. Code 3344) - beer ad used a drawing copied from a famous pitcher's photo (suit against the brewer and its ad agency)Court: U.S. Court of Appeals for the Ninth CircuitDocket: Cards & Faces
Can a former pitcher sue over a beer ad drawing of an unnamed pitcher that closely copies a famous photo of him?
The facts
A beer advertisement in a national sports magazine showed a drawing of a pitcher in his windup. The drawing closely copied a well-known World Series photo of a retired star pitcher; the artist changed the uniform number and the cap color. The ad never named him. The pitcher, a longtime anti-alcohol advocate, sued the brewer, its ad agency and the magazine publisher. A lower court granted summary judgment for the defendants, finding he was not identifiable.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Newcombe v. Adolf Coors Co., 157 F.3d 686 (9th Cir. 1998)
Read more at caselaw.findlaw.com. The source reveals the outcome.