Schwarzenegger Suing Ohio Bobblehead Co.

Gov. Arnold Schwarzenegger is suing an Ohio bobblehead company, alleging it unlawfully used the former Hollywood actor's image for a toy plastic doll.

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The Los Angeles County Superior Court lawsuit says the governor's 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 authorized.

The lawsuit was filed Friday but served on the doll's makers Tuesday.

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," said Los Angeles attorney Robert N. Benjamin.

Posted by Ron at May 4, 2004 08:25 AM