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April 30, 2004
Schwarzenegger Threatens to Sue Over Bobblehead Doll
Bosley Bobbers is a maker of fine bobble head dolls. They maintain a number of political caricatures in their catalog, including such favorites as Tom Daschle, Laura Bush, Tom Delay (with opposition smashing hammer), a Dean, Kerry and Clark 3-some and the governator himself, Arnold Schwarzenegger.
Schwarzenegger's lawyer (Martin Singer of Lavely & Singer) has sent a cease and desist letter to Bosley Bobbers, claiming that the bobblehead caricatures violate Arnold's rights of publicity under California's extraordinarily broad rights of publicity law, California Civil Code Sec. 3344. The Smoking Gun has the C&D letter: Schwarzenegger Threatens Lawsuit over Bobblehead Doll. I'm no fan of the rights of publicity law, which I think gives Hollywood actors far too much control over their image, but this is ridiculous! Governor Schwarzenegger has a right not to be caricatured?!? Give me a break. He should apologize just for threatening such a lawsuit. But it gets worse.
In the last paragraph of the C&D, the governor's lawyer claims that:
This is a confidential legal notice and may not be published, in whole or in part. Any republishing or dissemination of same, including but not limited to the posting of the contents hereof on the Internet, shall constitute a copyright infringement and will subject the re-publisher(s) to civil liability for such actions.
Yeah, right. I dare them to take me to court for publishing that. Lawyers really tork me off sometimes. Thank god for websites like Chilling Effects.
via The Trademark Blog
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