Business Case Law
...filed a lawsuit in the Superior Court against the Rockstar energy drink company. The former drummer is suing the company for wrongfully using his picture on the company's website. The website published Barker's photograph on the website of him holding a can of Rockstar energy drink, identifying him and his name without his consent. Within the lawsuit, claims of invasion of privacy, unfair competition and misappropriating his likeness to the product, are made. The lawsuit also claims that because Barker is a well known figure in the rock music world unspecified punitive damages and statutory damages are being sought. On the website the advertisement sells its product for people "from athletes to rock stars". The Rockstar Beverage Company has refused to comment or return phone calls regarding the lawsuit (MSNBC).
The legal issues of the article refer to invasion of privacy, unfair competition and misappropriating likeness of a product between a well-known musician and a beverage company. Unfair competition is often described as "unfair acts" within the context of business applications. Common examples of this are trademark infringement, misappropriation, and other competition practices such as false advertising, "bait and switch" tactics and false representation. The lawsuit seeks to protect the best interest of the plaintiff and the associated band he represents. The action filed against the company potentially influences the image and representation of the former band member and could effect his profession negatively. The players described in the article are the plaintiff, Travis Barker, and the defendant, Rockstar Beverage Company. The lawsuit was filed on Wednesday, January 16th and is still pending.
The area of business law this article touches upon is ethics and decision making, constitutional law and tort law. Ethics can be defined as the...
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