Final最后.docxVIP

Final FACTS: Henry Kissinger opened “Build Like Henry” Gyms all over U.S., and gave pictures with his head placing on Stud’s body in workout briefs to new members of the Gym.ISSUE: Does invasion of privacy apply to this case? Is Henry appropriating Stud’s identity and image by doing so? Is this a misrepresentation case for commercial?APPLICATION: If Stud considers himself wearing short briefs as a private fact and do not want to exposure it to public, then Henry has invade his privacy by using part of his photo without permission. Because the purpose of using Stud’s body is to promote Henry’s gym, so Henry will directly receive some benefits from this action, it is considered to be appropriation. Henry is also liable for fraudulent misrepresentation, because he want new members of the gym to believe they can work out has the same type of body as his in the picture. He knows the picture is edited and is not true, and the customers may rely on this information to join the gym. CONCLUSIONBased on the analysis above, Henry is found liable for invading stud’s privacy by exposing his half naked picture in public and appropriate Stud’s identity, he is also liable for misrepresentation in advertisement. FACTS: Sam decided to enter the toy business. He used the name and appearance of Henry to manufacture “Super Hero Henry” dolls in Spain.ISSUE: Is Sam liable for appropriation by using Henry’s name and face to produce dolls? What is the nature of the contract between Sam and peace, since the production contract is international?APPLICATION: Sam is using Henry’s name and image on doll production in order to gain profit. He doesn’t have any contract with Henry nor does he ask for permission. Therefore, his action is considered to be appropriation. According to the case, the relationship between Sam and Peace should be considered as joint venture, so they should share responsibility as well as profits and liabilities.CONCLUSION: Sam is found liable for appropriation in this cas