Actor, a well-known movie star, was drinking Vineyard wine at a nightclub. A bottle of the Vineyard wine, with its label plainly showing, was on the table in front of Actor. An amateur photographer asked Actor if he could take his picture and Actor said, "Yes." Subsequently, the photographer sold the photo to Vineyard. Vineyard, without Actor's consent, used the photo in a wine advertisement in a nationally circulated magazine. The caption below the photo stated, "Actor enjoys his Vineyard wine." If Actor sues Vineyard to recover damages as a result of Vineyard's use of the photograph, will Actor prevail? 
No, because Actor consented to being photographed.  No, because Actor is a public figure.  Yes, because Vineyard made commercial use of the photograph.  Yes, unless Actor did, in fact, enjoy his Vineyard wine.
Question: Actor, a well-known movie star, was drinking Vineyard wine at a nightclub. A bottle of the Vineyard wine, with its label plainly showing, was on the table in front of Actor. An amateur photographer asked Actor if he could take his picture and Actor said, "Yes." Subsequently, the photographer sold the photo to Vineyard. Vineyard, without Actor's consent, used the photo in a wine advertisement in a nationally circulated magazine. The caption below the photo stated, "Actor enjoys his Vineyard wine." If Actor sues Vineyard to recover damages as a result of Vineyard's use of the photograph, will Actor prevail? 
A. No, because Actor consented to being photographed. 
B. No, because Actor is a public figure. 
C. Yes, because Vineyard made commercial use of the photograph. 
D. Yes, unless Actor did, in fact, enjoy his Vineyard wine.
Answer: