Rufo v. OJ Simpson - Right Of Publicity

Page 42
the rest of his life from his name and likeness. He studied
documentation
including trademarks Simpson had obtained or attempted to obtain,
lawsuits
Simpson had filed to prevent unauthorized use of his name or likeness,
the
current market for Simpson autographs, and contracts Simpson had
entered since
the date of the killings. He considered seven areas of potential:
autographs,
merchandise or memorabilia, endorsements, media, books and tapes,
movies, and
personal property actually owned by Simpson. Roesler opined that by
using his
best efforts in all these areas of potential exploitation, Simpson
could earn $
2 million to $ 3 million a year for the rest of his life. Based on all
the
materials he reviewed, Roesler had no doubt that Simpson's name and
likeness had
a substantial value in the current market of $ 2 million to $ 3 million
a year.
This was not an unusually large amount for sports personalities, he
opined, as
there were already 20 living sports personalities making at least that
much
income in those areas. In Roesler's opinion [**89] $ 25 million was a
reasonable amount that a reasonable person in Roesler's business would
pay in
present dollars for the exclusive right to use Simpson's name and
likeness for
the rest of Simpson's life. The trial court admitted Roesler's
testimony into
evidence over Simpson's objection that it was not a proper element of
net worth
for jury consideration on the issue of punitive damages.
Neill Freeman is a consultant and certified public accountant who
has
testified numerous times as an expert accountant. He reviewed Roesler's
[*618]
report and Roesler's opinion that Simpson could earn $ 2 million to $ 3
million
a year for the rest of his life exploiting his name and likeness. Based
on
Roesler's estimate, Freeman calculated the present value of the
exclusive right
to exploit Simpson's name and likeness for the rest of Simpson's life.
Freeman
found the present value of that right to be just under $ 25 million. In
Freeman's opinion as a forensic accountant, it is proper to include
this amount
in a statement of Simpson's current net worth. It "gives a complete
picture of
what the prospects or financial condition of Mr. Simpson is."