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Montana vs Mercury News

... Montana Jr. ... San Jose Mercury News, INC.


FACTS: This is a civil suit in which the plaintiff (Montana) is a national public figure. The defendant was a newspaper (San Jose Mercury News) that had published and produced a special section celebrating the San Francisco 49ers unparalleled four Super Bowl victories from 1980-1990 teams Montana was a part of. SJMN published many photos of Montana after the Super Bowl victories. After the fourth title SJMN published a special section with an artists rendition of Montana on the front page. ... Two years after the final poster was produced Montana brought an action against SJMN for common law and statutory commercial misappropriation of his name, photograph and likeness. SJMN moved for summary judgment, arguing that Montana’s action was barred by the First Amendment and by the applicable statute of limitations.


Approximate Word count = 692
Approximate Pages = 2.8
(250 words per page double spaced)
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