While others may find a newspaper advertisement combining beer, ISU athletics director Bruce Van De Velde and former ISU basketball coach Larry Eustachy distasteful, only Van De Velde and Eustachy would be able contest the ad in court.

Barbara Mack, associate professor of journalism and communication and an expert in media law, said the problem in an advertisement for Autographs Rock ‘N Roll Sports Bar and Grill that appears in the July 9 Pointblank Des Moines is “wrongful commercialization of name or likeness.”

Under the banner “Bringing people together,” a photograph shows Van De Velde and Eustachy smiling and toasting cups of beer. Van De Velde’s left arm rests on Eustachy’s shoulder.

Nothing in the advertisement indicates whether the photograph is authentic or whether the faces of Van De Velde and Eustachy were digitally placed on other bodies. Under the address and phone numbers for Autographs, a line reads, “Ad is purely satirical.”

Mack said Autographs, like any other entity, could not use either man’s face for marketing purposes without their consent. “Saying it is satirical does not say they are not endorsing the bar,” she said.

Mack said if the men were holding nonalcoholic drinks, it would only change the amount of damages either man could sue for.

“[The] liability is the same, the damages are different,” she said.

Mack added that Iowa State would not have a case in pursuing legal action on behalf of Van De Velde, because his likeness was used.

ISU spokesman John McCarroll said university officials don’t think the ad is appropriate, but they do not want to press the issue.

“We were not making a big deal out of it,” he said.

McCarroll said he has received some reaction from the public that Iowa State should not have addressed the issue in the media.

“Sometimes we do initiate things,” he said. “We didn’t initiate any of that.”

The advertisement could be contentious because of the manner in which Eustachy left Iowa State.

After five years as ISU head coach in which he compiled a 101—59 record and won two Big 12 Conference championships, Eustachy resigned May 5, one week after the Des Moines Register published photos of Eustachy drinking beer and kissing college-aged women at a private party in Columbia, Mo. following Iowa State’s loss to Missouri Jan. 21.

More information emerged throughout the week, detailing Eustachy’s attendance at other parties on the campus of Kansas State in Manhattan, Kan. He was suspended one game for violating NCAA rules about paying players.

April 30, Eustachy held a press conference apologizing for his actions and admitting, “I’m an alcoholic.” He said he had sought treatment and was looking forward to continuing his life sober.

Three hours later, Van De Velde held a press conference and recommended Eustachy be dismissed for violating the terms of his contract, which compelled him to avoid “gross misconduct.”

On the last day Eustachy could appeal the decision, he resigned, accepting a $960,000 contract buyout from Iowa State.