What common law right protects the marketable identity of an athlete?

• A. Right of Privacy
• B. Right of Publicity
• C. Trademark Dilution
• D. Misappropriation

Answer: (B)

The key idea is that a person’s commercial value in their name, image, and likeness is protected by the right of publicity. This legal principle gives an athlete control over how their identity is used to generate money and allows action when someone uses that likeness without permission for advertising, endorsements, video games, merchandise, or other commercial purposes. In sports, this is exactly what preserves the ability to monetize a player’s reputation and brand.

Privacy rights cover seclusion and private information, not the broad, marketable use of a public figure’s identity for profit. Trademark dilution protects brands and marks from being weakened or blurred by others, not the athlete’s own identity per se. Misappropriation can describe using someone’s property for profit without permission, but the specific remedy courts recognize for exploiting an athlete’s commercial identity is the right of publicity.