labor may be required before one’s skill, reputation, notoriety or virtues are sufficiently developed to permit an economic return through some medium of commercial promotion. For some, the investment may eventually create considerable commercial value in one’s identity. Id. 106 Cal.Rptr.2d 126, 21 P.3d at 804-05 (internal quotation marks and citations omitted). The right of publicity protects the celebrity, not the consumer. Keller’s publicity claim is not founded on an allegation that consumers are being illegally misled into believing that he is endorsing EA or its products. Indeed, he would be hard-pressed to support such an allegation absent evidence that EA explicitly misled consumers into holding such a belief. See Brown v. Elec. Arts, 724 F.3d at 1242-43, 2013 WL 3927736, at 4 (<HOLDING>). Instead, Keller’s claim is that EA has
holding that the public has an interest in having access to factual data from baseball games holding that the agency failed to provide for any public participation in the ea process and ordering 45 day period for public comment on ea recognizing the public interest exception recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public holding under the rogers test that since browns likeness is artistically relevant to the madden nfl  games and there are no alleged facts to support the claim that ea explicitly misled consumers as to browns involvement with the games the public interest in free expression outweighs the public interest in avoiding consumer confusion