Facts

Body Glove International licensed its trademark to Sport Dimension, which manufactured bodyboards, and had a sponsorship agreement with Jason Bitzer, giving Body Glove the right to use Bitzer's license under certain circumstances. Sport Dimension manufactured bodyboards that contained Bitzer's image, as well as Body Glove's trademark. Bitzer used Body Glove and Sport Dimension, alleging it misappropriated his likeness when it was used on bodyboards.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Sport Dimension did not have the right to use his likeness on the bodyboards and thus, misappropriated it. In addition, plaintiff alleged that Body Glove actively marketed the bodyboards.

DEFENDANT'S CONTENTIONS:
Sport Dimension argued that it had the permission to use plaintiff's likeness on its merchandise, including Body Glove bodyboards. Body Glove argued that it did not misappropriate the likeness because it was a mere licensor of its trademark and was not involved in producing the product.

Result

The Court granted the Defendants' motion for summary judgment in part.