Dillard Department Stores ran a newspaper advertisement for a shirt known as a "henley." The ad featured a photograph of a man wearing a henley shirt with the words "This is Don" in large print beside the picture and an arrow pointing toward the man's head from the words. Underneath the words was the statement, "This is Don's henley" with a second arrow pointing toward the shirt. The ad also contained the name of the retailer, general information about the sale price of the shirts, the name of the shirts' manufacturer, the available sizes, and the following: "Sometimes Don tucks it in; other times he wears it loose-it looks great either way. Don loves his henley; you will too."
Don Henley is a popular rock-and-roll musician. He founded The Eagles in the 1970s and in the 1980s and 1990s pursued a successful solo career. He has sued Dillard for violating his right of publicity. How should the court rule on his claim? Why?