Monday, January 11, 2010

Obama Billboard Coming Down


I can't believe this company thought it would be all right to do this. The Weatherproof Garment Company has put a billboard up in Times Square in New York showing President Obama wearing one of their jackets. They did not have permission from the president or any of his representatives to use his likeness to sell their merchandise.

Company president Freddie Stollmack said, "We saw a picture of President Obama visiting the Great Wall of China and we said 'Boy that looks like our coat.'" So they decided to put the picture of the president wearing a Weatherproof garment on a billboard. Stollmack said it wasn't "an ad in a traditional sense", but just "a great depiction of President Obama wearing the Weatherproof coat on a billboard."

He's being a bit disingenuous. Of course it's a commercial ad. The only reason it was put up was to sell more Weatherproof garments.

Lawyer Barbara Solomon said, "There is no First Amendment defense here. This is not an issue of expression. This is a pure commercial appropriation. This is an advertisement and nothing but an ad. From a legal point of view, it's not legal. It is a violation of Mr. Obama's right of publicity, his right to control his appearance and likeness."

White House attorney Kendall Burman called the company and had what the company called a "cordial conversation". The company has said they will pull the ad down as soon as possible and that they never wanted to get into a fight with the White House.

Personally, I think the company owes the president some big bucks for using his image for a commercial purpose (and I think he should donate the money to a charity of his choice).

1 comment:

  1. so they pay a fine..I'm sure they feel it's worth it..look at all the attention it got and now people that never heard of the company knows it..

    ReplyDelete

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