Friday, May 2, 2014
In the past few days, the 2013 Heisman Trophy-winning quarterback from Florida State University, Jameis Winston, was charged with the theft of $32 worth of crab legs from a grocery store. In response an Alabama grocery store started selling "Jameis Winston crab legs." Rights of publicity have been previously discussed. An individual has the exclusive right to license his or her likeness as they see fit (unless that person is an NCAA student-athlete). Clearly, Jameis Winston did not license his likeness to be used in connection with the grocery store's crab legs. Even though the grocery store was joking, its conduct does violate Winston's rights of publicity. If sued, the grocery store would be disgorged of all profits generated from said "Jameis Winston crab legs."