Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 THIRD CAUSE OF ACTION (Infringement of New Jersey Common Law Right of Publicity Against All Defendants)   Plaintiffs repeat and reallege Paragraphs 1 through 56 herein. Defendants have misappropriated Plaintiffs' rights in the name, initials, likeness and image of Mike Hailwood. Mike Hailwood's name, initials, likeness, image and identifying characteristics have marketable status and value in connection with the sale, marketing, promotion, advertising and distribution of motorcycles and in connection with the sale, marketing, promotion, advertising and distribution of the Motorcycles. 70. Plaintiff has a proprietary interest in and to Mike Hailwood's public personality and, in particular, his name, initials, likeness, image and identifying characteristics. 71. Defendants have wrongfully infringed and violated such proprietary interest of Plaintiff and Defendants have each received monies and other benefits which rightfully belong to Plaintiff. 72. In exploiting Plaintiffs' exclusive publicity rights as described above, Defendants have damaged and are continuing to damage Plaintiffs' publicity rights by, among other things, permitting them to be distorted and trivialized, thus diminishing their value for future licensing. Further, Defendants have injured and continue to injure Plaintiff by purporting to exercise their publicity rights without Plaintiff retaining control thereof or receiving monies properly owing to Plaintiff as the sole owner of Mike Hailwood's right to publicity. 73. As a result of Defendants' wrongful actions and of Defendants' infringement of Mike Hailwood's and Plaintiff's right of publicity for their own commercial benefit, in this, the 20th anniversary of Plaintiff's husband's death, Defendants have caused and continue to cause severe damage and emotional distress to Plaintiff. 74. Defendants' wrongful and intentional misappropriation of Mike Hailwood's name, initials and personality characteristics has damaged the reputation of Mike Hailwood and Plaintiff's rights of publicity have been damaged in that Mike Hailwood's name, initials and identifying characteristics have been wrongfully associated with the Defendants and the Motorcycle. 75. Defendants' wrongful actions as described above are causing Plaintiffs irreparable harm, and have damaged and continue to damage Plaintiffs in an amount yet to be determined. Defendants did not engage in the above-described wrongful actions out of any sincere or proper motive, but did so knowingly, willfully and oppressively, intending to appropriate to themselves without compensation to Plaintiff and without the consent of Plaintiff what they knew to be Plaintiffs' valuable rights. 77. The acts of Defendants were wanton, willful, malicious and oppressive in that they have knowingly sought to enrich themselves unjustly at the expense of the rights of Plaintiff. 78. Defendants' actions are likely to continue unabated unless Defendants are enjoined and restrained by this Court. WHEREFORE, Plaintiff demands judgment against Defendants, and each of them, as follows: (a) For the actual damages sustained by Plaintiff; (b) For a permanent injunction prohibiting any use of Mike Hailwood's name, initials, likeness, identifying characteristics or reputation in connection with the Motorcycles or any other commercial product by Defendants; (c) For punitive damages against each Defendant; (d) For costs of suit and attorney's fees; and (e) For such other and further relief as the Court deems just and/or proper. Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8