a supplemental opposition to which defendant objects. The court considers neither plaintiff’s supplemental opposition nor defendant’s response thereto. 6 . California Civil Code § 3344(a) provides in relevant part that "[a]ny person who knowingly uses another’s name ... in any manner ... for purposes of advertising or selling, or soliciting purchases of ... goods or services, without such person’s prior consent ... shall be liable for any damages sustained by the person or persons injured as a result thereof.” 7 . The court notes, however, that the Publication contains no editorial expression related to the specified hurricanes. 8 . Furthermore, even though plaintiff's achievement may be said to be newsworthy, "its use is not automatically privileged." See Abdul-Jabbar, 85 F.3d at 416 (<HOLDING>). 9 . Defendant also argues that the Lanham Act
holding that where a mother had established a place of residence for her pregnant daughter and her daughters boyfriend and loaned the daughter her car where the daughter had allowed the boyfriend to use the car and the boyfriend was the one who maintained and serviced the car and where the mother had seen the boyfriend driving the car without telling him not to that the boyfriend had implied permission to use the car the court found that the evidence demonstrated implied permission through the relationship between the parties and the course of conduct holding that the driver of a car who had permission to use the car had standing to challenge its search holding that injuries must be connected to the use of the car as a car ie as a means of transportation rather than a situs for the commission of criminal acts holding that the newsworthiness of a former basketball players recordbreaking achievement did not entitle the defendant to use the players identity in the context of an unrelated car commercial holding that the defendant failed to demonstrate legitimate expectation of privacy where he could not show that he had the owners permission to use the car or demonstrate prior use or control of the car