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You might want to check out the Desmond Howard lawsuit as a real world case of what you're describing.

http://petapixel.com/2014/04/05/defendant-ends-up-owner-of-p...



"Howard ended up counter-suing for unauthorized use of his name and likeness on a website that Masck used to sell products".

Similar, but he wasn't suing over the copyright to the photo.




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