Question: For each issue identified, specify which party can raise the claim, recite the required elements for the claim, carefully apply the elements to the relevant
For each issue identified, specify which party can raise the claim, recite the required elements for the claim, carefully apply the elements to the relevant facts, and address potential defenses, if any, that could be presented by the adverse party.
Samuel is enjoying a high volume of business from local customers and tourists. One of his signature sandwiches, a pastrami on rye called The Enforcer, becomes a well-known menu item. Samuel is contacted by Con Agra Foods, a reputable national maker of prepared foods, about using his name and likeness to sell frozen versions of his sandwiches in grocery stores throughout the Midwest. Although initially intrigued by the idea, he breaks off talks with Con Agra several months after their initiation because he doesnt feel he will receive a high enough percentage of the sales. As he approaches other companies about the possibility of contracting with them to sell the pre-packaged, frozen version of his sandwiches, Con Agra releases a line of Sammys Wholesome Sandwiches that feature Samuels picture on the container. Recognizing that Con Agra lacked his permission to sell products with his name and likeness, and seeing the potential that Con Agras move would block him from contracting with another company, Samuel quickly consults an attorney to review his options.
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