Business Case Law

Rockstar Energy Drink Sued

On Wednesday, January 16th, Travis Barker, former drummer of Blink 182, 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 study of what constitutes right from wrong in behavior. Business ethics defines what constitutes right or wrong behavior in the business world, and how moral behavior and ethical principles should be applied to businesspersons in their everyday workplace environment. Ethics and business decision making relates to this article because it was unethical for the Rockstar Company to use Mr. Travis Barker's photograph in an online advertisement. The implications for this use could jeopardize Barker's image, reputation in his industry and potentially jeopardize his career. Rockstar Energy Drink Company also violated Mr. Barker's constitutional right to privacy by associating his picture with an online advertisement. Tort law is examined in this case under the invasion of privacy and intentional torts against persons and business relations. Under the constitution and several federal and state statutes there are four acts that qualify as invasions of privacy. First, is the use of a person's name, picture or other likeness for commercial purposes without permission; this is also called a tort of appropriation. This invasion of privacy act is the act specifically applied to case of Barker v. Rockstar Company. Second, intrusion on an individual's affairs or seclusion; thirdly, publication of information that places a person in a false light; and finally, public disclosure of private facts about an individual that an ordinary would find objectionable. Another example of tort appropriation is the case of Ms. Vanna White v. Samsung Electronics America, Inc. Samsung Inc. used Whites Wheel of Fortune famous stance in an advertisement of a robot dressed to represent the plaintiff. The court ruled in favor of Ms. White, holding that the name of photo of a person does not necessarily need to be used in a tort of appropriateness (Frank & Miller).

This article does not address changing the area of law mentioned, but examples the consistent need for business law and a code of ethics. The constitution along with congress is ever changing in addressing the need for privacy rights of individuals and corporations. Not only do these laws protect individuals like Mr. Travis

...