Cleveland Brewery’s Use of His Likeness Not Very Well Liked by Lebron James

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Yesterday, it was reported by the Bleacher Report that Cleveland Cavaliers basketball star, Lebron James, was displeased with the fact that a brewer located in the Cleveland, Ohio area, Great Lakes Brewing Company may have misappropriated Lebron James’ likeness in its advertising.

James complained that the local brewer used his likeness -- a picture of James drinking a can of their Dortmunder Gold Brew during the Cleveland Cavaliers’ Game 1 victory over the Toronto Raptors in the 2017 Eastern Conference semifinal playoff series -- in a Twitter post to promote a sale of its beer.

The brewery will now likely hear from Lebron’s legal team and could be made to pay damages to James as a result of the alleged misappropriation. The Bleacher Report article notes that Lebron would typically request a payment of approximately $2,000,000.00 to use his likeness for such a purpose. Infringing upon or misappropriating another’s intellectual property or publicity rights, though often seemingly harmless, can in many cases cause great harm to the rights holder and can be enough to sink an infringing business if the rights holder pursues an infringement claim.

This serves as yet another reminder of the need for caution when using a celebrity’s likeness or another’s intellectual property in connection with your business’ advertising or the promotion of your brand or product, no matter how innocent or profitable the idea may seem. 

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. Accessing this blog and reading its content does not create an attorney-client relationship with the author or with Miles & Stockbridge. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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