Athletes are considered to be public figures. People can basically say whatever they want to say about these individuals who are in the public light. Along with athletes, politicians and movie stars fall into this category. But what happens if someone wants to use your name negatively in order to make a profit? This is the case for baseball player Johnny Damon.
According to an article that appeared on ESPN.com, Johnny Damon wants to stop a fan from selling “Damon Sucks” t-shirts on eBay. The fan in question, Ann Sylvia, was selling baby bibs with “Damon Sucks” on them. Sylvia argues that her product could refer to another baseball player named Damon, and that Damon does not control what people can say about him.
Damon used to play for the Boston Red Sox, who won the World Series in 2004, and is now playing for their rival the New York Yankees. This was a huge deal for Red Sox fans who have been negative towards Damon ever since.
eBay originally took down Sylvia’s listings due to Damon’s right to publicity–since he is a well-known person, he has the right to oversee what products his name appears on.
Johnny Damon did have a right to be concerned that Ann Sylvia was making a profit using his name. It was important for Damon to contact his lawyers– it shows that he didn’t want to say something to Mrs. Sylvia without consulting them. Damon has a brand and an image that he wants to have in baseball, and this product could have jeopardized it in many ways. Sylvia intended to use Damon’s name to make a profit.
Damon has lost some of his reputation from switching from the Red Sox to the Yankees, but only with some Boston fans. He has gained a lot by competing for the Yankees: new fans, recognition, etc. Moves are hard, but there is a point where the athlete has to do what is best for him or her. The Yankees offered Damon a big contract– and if he wanted to go to New York, that’s his choice!
Sometimes people forget that athletes are human beings too– they don’t want someone to use their name negatively and make money off of it. I don’t think that Mrs. Sylvia would want her name or one of her children’s name on a bib like the one she made using Johnny Damon’s name.
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