Fox Broadcasting Co. has come out swinging against a $30-million lawsuit by the estate of Muhammad Ali for unauthorized use of the late boxing legend’s image in a 2017 Super Bowl promotional spot entitled “The Greatest.”
Last October, Muhammad Ali Enterprises, LLC (MAE), filed a complaint against Fox in the Northern District of Illinois alleging violation of Ali’s publicity rights under Illinois and federal law. The parties later agreed to transfer the case to the Northern District of California, where both parties are located.
In its motion to dismiss filed January 16 in Oakland federal court, Fox claims the suit is barred by the First Amendment, Illinois and California statute, and preempted by the federal Copyright Act. Its primary defense is that the Super Bowl, and Ali himself, are matters of public interest and therefore exempt from statutory publicity protections, and also that the spot is exempt as part of a sports broadcast.
Fox argues that Illinois has no meaningful relationship to the case, therefore its law should not apply. Further, Fox asserts that Illinois choice-of-law rules allow it to invoke California anti-SLAPP law, which prohibits legal actions designed to chill exercise of free speech. (SLAPP stands for Strategic Lawsuit Against Public Participation.) Continue reading