Pooley v. National Hole-In-One Ass'n

ORDER

MARQUEZ, Senior District Judge.

Plaintiff Don Pooley (“Plaintiff’) is a professional golfer who made a “hole-in-one” for $1,000,000 at the 1986 Bay Hill Classic golf tournament. Defendant National Hole-in-One Association (“Defendant”) produced a videotape of the hole-in-one for a promotion and used Plaintiffs name in the videotape footage. Plaintiff alleges that Defendant used the videotape footage without Plaintiffs consent and sues the Defendant for invading his right of publicity.

Pending before the Court are Defendant’s Motion to Dismiss and Plaintiffs Motion to Dismiss the Claim of…