BIGMIKE
Premium
join:2002-06-07
Westminster, CA
| Arnold Schwarzenegger is public domain READ
Arnold Schwarzenegger is public domain
»www.thesmokinggun.com/archive/04···tmlAPRIL 30--Arnold Schwarzenegger is threatening to sue an Ohio company that is selling a bobblehead doll featuring the name and likeness of the California governor. In a blistering letter sent yesterday to the Ohio Discount Merchandise company, lawyer Martin Singer contended that Schwarzenegger was entitled to "substantial damages" for the "unauthorized commercial exploitation" of the Republican pol's image on the $19.99 doll. With the exception of movie promotion, Singer noted that Schwarzenegger does not permit the use of his likeness on commercial products in the United States. Below you'll find a copy of Singer's letter. The Schwarzenegger doll, which went on sale about a month ago, is one of several bobbleheads featuring politicians that the Ohio firm sells (John Kerry, Wesley Clark, and Howard Dean also retail for $19.99, while George W. Bush would only set you back $14.95). The bobblehead company contends that since Schwarzenegger is now an elected official, his image is public domain. (3 pages) »www.thesmokinggun.com/archive/04···ld1.html |
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FutureMon
OW My Eyes
Premium,ExMod 2002-05
join:2000-10-05
Long Beach, CA
clubs: 
| I dunno. Sketch and cartoonists have been making drawings and pictures of him for years...I think the difference here is, that this particular company created a physical product specifically to try and profit "in bulk" using his likeness.
Sure, the cartoonists get paid too, but not for every copy of the magazine that is sold (or am I wrong on that?)
I'd be pissed off too if I were him.
- FM
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DCExec Member, Member of 'StarFire Seven' & Undisputed BBR Karaoke Champion! |
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RR Conductor
RailRoadDude
Premium
join:2002-04-02
Redwood Valley, CA | reply to BIGMIKE
Poor Arnold, NOT! |
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major marco
Res Firma Mitescere Nescit
Premium
join:2003-02-13
Stepford, CA
clubs:
1 edit | reply to BIGMIKE
Even der bushler does not have control over his public image so who does gov. gangbang think he's kidding. His lawsuit will be laughed out of court. Assuming it gets that far. |
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coxta
Ultramundane
Premium
join:2000-07-15
LALALALALALA
 ·Pacific Bell - SBC
| reply to BIGMIKE
Actually, cartoonist and caricaturist are covered under a different law. Schwarzenegger does have a valid complaint - in all cases of using his public image to generate profit. In this case however, it is a bit different since it is used to fund a non-profit organization. If they can provide all the financial documents and show the that disbursements of the profits go solely to that non-profit organization, there's not much he can do. But no money can be recaptured as profit by the owners of the company.
I just had this discussion over the weekend with three attorney's and they quoted the relevant court cases.
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Religion is for people who have not yet had a spiritual experience. |
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CurtesyFlush
Bababooey, fafafooey, tatatoothy.
Premium
join:2002-08-23
Fontana, CA | reply to major marco
said by major marco  :
gov. gangbang
HA! Love that one, Major. |
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