May 2004
Arnie Seeks To Terminate Doll
Lawyers acting for Arnold Schwarzenegger have threatened to sue an Ohio company that is selling a doll bearing his likeness. The doll, one of a range of dolls made by the Bosley Bobbing Head Doll Company, features Arnold Schwarzenegger in a suit with a head that "bobs" due to a spring mechanism attached to its head. It also shows the bodybuilder-actor-governor toting a machine gun. A collectors' edition box featuring the likeness of Schwarzenegger comes with the doll.
Schwarzenegger, known for his sense of humour aptly displayed by his appearance in films such as Twins, Junior and Kindergarten Cop, appears to be taking the dolls seriously. His lawyers have moved swiftly to turn up the "Red Heat" on the Bosley doll, citing a breach of Arnie's "personality rights" by the retailer of the doll. Personality rights are distinctly recognised and protected in American law, and it is well known that Schwarzenegger does not licence the use of such rights outside of merchandising for his movies.
Bosely, who make similar dolls based on the images of political figures such as George W. Bush, John Kerry and Howard Dean, contend that Schwarzenegger forfeited the right to control his image the moment that he took office as Governor of California. Other politicians who have had their doll doppelgangers rendered in bobbing-headed form have not complained to date, perhaps put off by the PR implications of preventing the production of a doll for which, the manufacturers claim, $5 of every sale goes to a cancer charity.
BRIFFA Comment:
The concept of personality rights has not yet been recognised in English law, and as such there is no direct cause of action for using the image of a celebrity. This is in contrast with the law in the USA and some European Union countries that are explicit in recognising personality rights.
However, a famous case involving formula one driver Eddie Irvine has shown that under the law of what is known as "Passing Off" the association of a product with a celebrity's name or image without permission from that celebrity will give the celebrity a cause of action. Further, clause 6.5 of the ITC Advertising Code of Practice is clear that, with exceptions, references to living persons cannot be made without permission.