Lightbourne
Lightbourne v. Printroom Inc.
Opinion
Lead Opinion
Staton, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 190)
I. INTRODUCTION
Before the Court is a Motion for Summary Judgment filed by Defendant CBS Interactive, Inc. (Mot., Doc. 190.) Plaintiff Yahchaaroah Lightboume opposed, and CBSI replied. (Opp., Doc. 278; Reply, Doc. 256.) Having read and considered the papers, heard oral argument, and taken the matter under submission, the Court GRANTS the Motion.
II. BACKGROUND
Plaintiff Yahchaaroah Lightboume played college football at the University of Texas, at El Paso from 2009 to 2011. (Statement of Uncontroverted Facts, Doc. 191, ¶ 3.) 1 Lightboume received need-based financial aid in 2009 and athletic scholarships in 2010 and 2011. (Id. ¶ 4.)
UTEP had an online University Photo Store, which launched in mid-2012. (Id. ¶ 1.) In 2006, UTEP granted IMG College, LLC an exclusive license to implement a “University Sports Website” and granted it exclusive license to use student-athletes’ names, images, and likenesses. (Id. ¶¶ 22-23.) IMG in turn signed an agreement with CSTV Online, Inc. — a predecessor company to Defendant CBS Interactive, Inc. — granting CSTV the “exclusive right to serve as the UNIVERSITY athletics websites…