to do with branding and trademarking makes me think that Max has a cause of action against this dude. I'll send the letter pro bono. If I remember right, the big question is: what is the thing that is causing people to buy? Is it the name? Is it the brand? Why are they buying it?

In this case, it's obviously Max's identity that is the whole reason for the purchase. It's a public photo, so there's no infringement there, but the use of his name is what is causing money to change hands, and he hasn't been asked or compensated for that. I think he has a lawsuit if he wants it. Also, if he wasn't using cocaine then he has a cause of action for defamation as well. THAT I have litigated, a lot.

The big hurdle to get over with a public figure, which Max arguably is, is that it's not enough to show falsity, you have to show actual malice. In this case, kind of a slam dunk. I'd take this case on contingency. This behavior should be punished monetarily to discourage future conduct.