Reply Tue 4 May, 2004 12:32 pm
Where is the boundary between public life and private life? Seems to me that teh Governator gave up his rights to selling his image when he became governor.

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California governor sues to prevent company from marketing doll with his likeness.


SAN FRANCISCO (Reuters) - Having a doll with a bobbing head in your own likeness may be all right for Abraham Lincoln, Al Capone, Hilary Clinton, Jimmy Carter and Jesus. But California Gov. Arnold Schwarzenegger is outraged and wants out, distinguished company or not.

Schwarzenegger has sued a family business objecting to its sale of a "bobblehead" doll featuring the former Hollywood action hero's likeness, his attorney said on Monday.

Totting an AK-47 style automatic weapon and a suit, the smiling Schwarzenegger doll is offered for $19.99 from www.bobbleheadelection.com. Bobblehead dolls typically include a spring inside the neck to allow the head to bobble.

"We spoke to them, they said, 'We're not going to stop', I said 'Fine, we're going to sue you,'" Schwarzenegger's personal attorney Martin Singer told Reuters. The suit was filed on Friday in Los Angeles County Superior Court in Santa Monica.

"They took my client's name, they took his likeness and they're selling it for money. They have no right to do it," Singer continued. "It's not political free speech."

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Jer
 
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Reply Tue 4 May, 2004 12:43 pm
If a newspaper editorial comic writer were to use Arnie's likeness in a satirical comic in a paper, to sell papers, would the Governor have a leg to stand on using the same aregument?
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joefromchicago
 
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Reply Tue 4 May, 2004 01:10 pm
"They took my client's name, they took his likeness and they're selling it for money. They have no right to do it," Singer continued. "It's not political free speech."

I believe this is correct. The "public figure" doctrine pertains to defamation cases: it has nothing to do with trading on the image or likeness of a particular individual.
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