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A cigаrette mаker creаted and published a magazine advertisement that featured a persоn dressed as a race-car driver with a helmet оn standing in frоnt 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 misappropriation. The cigarette maker moved to dismiss the complaint. Will the cigarette maker’s motion to dismiss the complaint be granted?
Burt аnd Sаm were residents оf Hаppy Valley. They lived acrоss the street frоm each other. Both were annual contestants in the Happy Valley Rose Show, and both were very competitive. In addition, Burt and Sam did not like each other. Sam became aware that Burt was growing a hybrid rose bush called “Glorious” on his backyard patio. In addition, Sam became aware that Burt had purchased a very expensive terra cotta pot in which he planned to show his “Glorious” rose bush at the annual rose show. One day when Sam saw Burt leave his home, Sam crossed the street and entered Burt’s backyard. Sam took the terra cotta pot and hid it in thick ivy in Burt’s backyard where Burt could not find it. Sam then took the “Glorious” rose bush and hid it in a shed in Sam’s backyard. Sam was not aware that Burt’s neighbor, Winston, had seen Sam enter Burt’s backyard, hide the pot, and carry the “Glorious” rose bush across the street to Sam’s house. When Burt returned home, Winston told Burt what had happened. Burt retrieved the pot from the ivy. Burt was furious. Being aware that Sam’s wife, Roberta, had a nervous condition that made her very susceptible to emotional outbursts, Burt waited until he knew Sam was gone. Then, in an effort to retaliate against Sam for his earlier actions, Burt then crossed the street and banged loudly on Sam’s front door. When Roberta opened the door, Burt flew into rage. Burt yelled at Roberta that Sam was a vandal and a thief, and that he would have Sam arrested and jailed. Burt waved his arms wildly and was very animated and loud. Roberta begged Burt to stop and go home but Burt refused and demanded the return of his “Glorious” rose bush. At that point, Roberta began to shake convulsively. Roberta then vomited and fainted. Burt then left and went home. When Sam returned, he learned from Roberta what had happened. Sam went to his shed and chopped the “Glorious” rose bush up into tiny pieces and put them in a bag. Sam carried the bag containing the rose bush pieces to Burt’s front door, poured them out on Burt’s front porch, and then banged on Burt’s front door. When Burt opened the door, Sam told Burt that he could have his precious rose bush back and then punched Burt in the face with his closed fist exclaiming, “This is for Roberta!” The blow rendered Burt unconscious. Sam then dragged Burt to Burt’s car that was parked on the driveway, put Burt in the trunk of his own car, and slammed the lid locking it. Fortunately, Burt’s wife, Wilma, heard the commotion and went looking for Burt. Wilma unlocked the trunk of Burt’s car and found him still unconscious. Discuss all intentional tort causes of action available in the cases of Burt v. Sam and Roberta v. Burt.