golfer. Id. at 1112-13. The court also found that the plaintiff “was specifically selected because of his distinction and his wide market appeal.” Id. at 1113. Accordingly, the court concluded that the incidental use doctrine did not apply because the use of the plaintiffs name and likeness was integral to the defendant’s advertisement and “clearly enhanced the marketability of [the] defendant’s services.” Id.; see also Schifano v. Greene County Greyhound Park, Inc., 624 So.2d 178, 181 (Ala.1993) (distinguishing the incidental use of a photograph of an unidentified and unknown person from the use of the recognizable name of a former college football star and an experienced radio announcer for solicitation purposes); cf. Aligo, 1994 WL 715605, at *3, 1994 U.S. Dist. LEXIS 21559, at *8 (<HOLDING>); Preston, 765 F.Supp. at 118-19 (holding that
holding that when a plaintiffs name and identity are used without intent to obtain a commercial advantage but where they are used for some other purpose the use is incidental and does not violate the right of publicity holding that service and notice in a technical sense are incidental where the main purpose of obtaining the appearance of parties and their participation is accomplished holding sufficient connection or nexus existed between the defendant and a gun in a case of nonexclusive possession because the gun was found under the defendants seat was visible and retrievable by defendant and a magazine of ammunition was hidden in the seat cover holding that foursecond appearance of a magazine cover featuring photograph of unnamed and unidentified plaintiff in a 29minute infomercial promoting a rock music anthology was incidental use because it was one of dozens of magazine covers used in the infomercial and insignificant to the purpose of selling a music anthology holding the notice of appearance was not a motion under rule 12b2 4 or 5 and therefore the filing of the notice constituted a voluntary appearance by the defendants in this action which was the equivalent of the service of the summons upon them