Arnie settles lawsuit
2004-08-04 11:37
Los Angeles - California governor Arnold Schwarzenegger has settled a lawsuit against a US toymaker that in return agreed to disarm a gun-toting "bobblehead" doll bearing his likeness, officials said on Tuesday.
The former action movie icon, who starred in films including the uber-violent Terminator series, accused Ohio Discount Merchandise (ODM) Inc of exploiting his image in a lawsuit filed on April 29.
His film production company, Oak Productions Inc, demanded that the floppy-headed doll, which showed a grinning mini-Schwarzenegger clad in a blue suit and tie and toting a large assault rifle, be removed from sale.
But both sides said on Tuesday that they had "amicably" settled the row, with the toymaker agreeing to remove the gun from the "mini-me" figure and donate part of the proceeds from the sale of both dolls to a Schwarzenegger charity, Arnold's All Stars.
"The parties have agreed that all Schwarzenegger dolls holding a gun will be permanently discontinued," they said in a statement.
"ODM will be permitted to manufacture a new doll of governor Schwarzenegger, without a gun, approved by Oak," the statement said, and will also stop using a photograph of Schwarzenegger on the doll's packaging.
In addition, the Bosley family agreed to give a portion of Schwarzenegger doll sales to a charity of their own choice.
The company had maintained that the Schwarzenegger dolls were meant as a political parody and were therefore protected under the First Amendment of the US Constitution.
The firm also sells dolls of celebrities and political figures, including presidential hopeful senator John Kerry, former president Jimmy Carter and senator Hillary Clinton.
But Schwarzenegger's camp had insisted the dolls constituted unauthorised exploitation of his image to peddle ODM's products.
"If we didn't seek to stop it, anybody would try to use Arnold's image for commercial purposes whether they are selling toilet seats, porn products or dog food," Oak lawyer Marty Singer said at the time.
- SAPA