@ https://lp.uworld.com/test-app/legal/v16/assignment/55/649858/171556356/54469/14125/2/1/2 18/39 A cigarette maker created and published a magazine advertisement that featured a person dressed as a race-car driver with a helmet on standing in front of a distinctive race car. In fact, the car looked almost exactly like the very unusually marked car driven by a famous and popular driver. The driver in the ad was not identified, and his face was not shown. The cigarette maker published the advertisement without obtaining the famous driver's permission. The famous race-car driver sued the cigarette maker for economic loss only, based on common law misappropriation of the right of publicity. The cigarette maker moved to dismiss the complaint. Will the cigarette maker's motion to dismiss the complaint be granted? A. No, because there are sufficient indicia of the famous driver's identity to support a verdict of liability. B. Yes, because the driver is a public figure. O C. Yes, because the famous driver did not claim any emotional or dignitary loss. D. Yes, because there was no mention of the famous driver's name in the ad. Submit O End 1 Suspen