Dolls make Arnie see red
2004-05-05 11:58
San Francisco - Governor Arnold Schwarzenegger is suing a company that he alleges unlawfully used his image for a toy plastic "bobblehead" doll.
The Los Angeles County Superior Court lawsuit says the former Hollywood's actor image holder, Oak Productions Inc, "does not permit Schwarzenegger's name, photograph, likeness or voice to be used on commercial products, on packaging of commercial products or in advertising for commercial products or services" unless authorised.
The lawsuit was filed on Friday but served on the doll's makers on Tuesday. The doll has a large head on a spring that bobbles when it is bumped.
The makers of the bobbleheads contend the governor is a public political figure and can no longer control his image.
"He's no different than any other politician," said Todd Bosley, an owner of Ohio Discount Merchandise Inc in Canton, Ohio. The company has produced a variety of bobbleheads of public officials.
Schwarzenegger's attorney, Martin Singer, did not return calls seeking comment.
Legal experts said it could be a close call whether Bosley and his brother, Toby, were stealing Schwarzenegger's right of publicity.
"This will depend on what it is people are buying: a bobblehead of Schwarzenegger like they would buy one of Britney Spears, or is the bobblehead making a political statement, which would be protected by the First Amendment," which covers free speech, said Los Angeles attorney Robert N Benjamin.
On the net:
www.bobbleheadelection.com
- AP