Cynthia Cheatham (plaintiff) creates and offers for sale unique clothing items. Cheatham wore one of these creations, a pair of jeans that had revealing cutouts on the seat in which the original fabric was replaced with fishnet inserts, to a biker festival. Paisano Publications (defendant) published an image in one of its magazines, in a story about the festival that Cheatham claimed showed her from the back wearing the jeans. The image showed Cheatham from her waist to her thighs but did not identify her or show her face. A t-shirt company apparently acquired the rights to the image from Paisano, and later advertised for sale a t-shirt that displayed the photo in another Paisano magazine. Cheatham sued Paisano for several causes of action, including invasion of privacy and commercial exploitation of a likeness. Cheatham filed a motion for summary judgment, and Paisano filed a motion to dismiss.