Courage is the most important attribute of a lawyer. It is more important than competence or vision. It can never be an elective in any law school. It can never be de-limited, dated or outworn, and it should pervade the heart, the halls of justice and the chambers of the mind.
- Robert F. Kennedy, Speech at University of San Francisco Law School, San Francisco, 29 Sept. 1962, quoted in Sue G. Hall, The Quotable Robert F. Kennedy 111 (1967)
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OLYMPIC GOLD MEDAL SWIMMER GRANTED INJUNCTION PREVENTING UNAUTHORIZED USE OF HIS NAME AND IMAGE
April 11, 2006 Syosset, New York
Roland Schoeman, an Olympic gold medal swimmer from South Africa, retained Simmons, Jannace & Stagg, L.L.P. of Syosset, New York to prevent the unauthorized use of his image and name by Agon Sports, a swimwear manufacturer and distributor. In 2003, Schoeman signed an agreement to permit Agon to use his image and likeness to promote its products. In 2005, after the agreement expired, Agon used Schoeman's picture on the cover of its swimwear catalogue. Simmons, Jannace & Stagg commenced an action in Supreme Court alleging that Schoeman's image was being used illegally by Agon. The court held that Schoeman, as a world renowned Olympic and World Champion swimmer, had the exclusive right to exploit his image and name. The court granted Schoeman an injunction preventing Agon from any further use of his name. The court also held that Schoeman would be entitled to damages based on the fair market value of his image as a world class athlete. The Court stated that Schoeman had the absolute right to determine how to best exploit his talent and renown. Finally, neither "Agon nor anyone else should be permitted to deprive Schoeman of this well earned right." The case will now proceed to the damages stage.