|
|
| Author |
Message |
Maldek
RealPoor Guru
Joined: 16 Oct 2002
Posts: 2089
|
 Posted: 02/01/05 - 11:30 Post subject: Deadbeat sues coffee company for millions
|
|
|
http://www.cnn.com/2005/LAW/02/01/coffee.model.ap/index.html
| CNN wrote: | GLENDALE, California (AP) -- A jury has awarded $15.6 million to a man whose image was used for years without his permission on Taster's Choice coffee labels.
Russell Christoff, a former model from Northern California, posed for a two-hour Nestle photo shoot in 1986 but figured it was a bust -- until he stumbled across his likeness on a coffee jar while shopping at a drug store in 2002.
A legal dispute with Nestle USA ensued, during which Christoff, 58, declined the company's $100,000 settlement offer, and Nestle USA turned down his offer to to settle for $8.5 million.
Last week, a Los Angeles County Superior Court jury ordered Nestle USA to pay Christoff $15.6 million for using his likeness without his permission and profiting from it. The award includes 5 percent of the Glendale-based company's profit from Taster's Choice sales from 1997 to 2003.
During that time, Nestle sold the freeze-dried coffee with labels featuring Christoff's face in the United States, Mexico, South Korea, Japan, Israel and Kuwait. The company's Canadian arm started using his image in 1986.
Nestle USA attorney Lawrence Heller said the company would appeal the verdict.
"The employee that pulled the photo thought they had consent to use the picture," Heller said.
Eric Stockel, an attorney for Christoff, said he hadn't expected such a large verdict.
Christoff, who while working as a model had appeared in corporate training videos and hosted his own public television show, is now a kindergarten teacher in the Bay Area community of Antioch.
He first came across his picture while shopping for bloody mary mix, and says there's a good reason he didn't spot it sooner.
"I don't buy Taster's Choice," he said. "I do beans." |
almost 16 million dollars to some douche who couldn't recognize his own face for 20 years? its not like the half-profile shot of his face was the prime factor in the success of Tasters Choice... look at his go-nowhere acting career: training videos & public access (must have made a really nice living there) the last paragraphs kill me, now he's a school teacher shopping for booze mix and accidentally stumbles across the brand. what a lucky dope.
|
|
|
Back to top
|
|
|
|
 |
Paco
RealPoor Jedi
Joined: 13 Oct 2002
Posts: 12940
Location: Jacksonville, FL
|
|
Posted: 02/01/05 - 11:36 Post subject:
|
|
|
That's awesome. Good for him. 
|
|
|
Back to top
|
|
|
|
Are you skilled mage or a hardboiled warrior in search for most suitable guild to join?
Or if you're already guild member ready to share some real PvP experience…
» Join the Guild Wars forum now! «
|
|
|
|
Ciladar
RealPoor Guru
Joined: 15 Oct 2002
Posts: 3765
Location: Northern New Jersey
|
|
Posted: 02/01/05 - 12:19 Post subject:
|
|
|
|
That is something... Definalty a lucky guy, even though he wasn't to observent. If you think about it though, if he never drank coffee, it makes sense he would not see it. How often do you stare at products in the grocery store that you don't eat/drink? On the other hand, if he was an avid coffee drinker, then he is just an idiot.
|
|
|
Back to top
|
|
|
|
|
Goraz
RealPoor Guru
Joined: 11 Oct 2002
Posts: 3736
Location: Philadelphia
|
|
Posted: 02/01/05 - 12:32 Post subject:
|
|
|
roflsszzlofleez
owned.
|
|
|
Back to top
|
|
|
|
|
Baha
Sir Postalot
Joined: 12 Oct 2002
Posts: 1216
|
|
Posted: 02/01/05 - 12:48 Post subject:
|
|
|
|
not sure how dude is a deadbeat? they used his shit and didnt break him off. thats just the way it is, some things will never change $_$
|
|
|
Back to top
|
|
|
|
|
FockTop
Sir Postalot
Joined: 23 Dec 2004
Posts: 1055
|
|
Posted: 02/01/05 - 12:55 Post subject:
|
|
|
|
Only in America does shit like that happen 15 millons for that.
|
|
|
Back to top
|
|
|
|
|
sinrakin
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 7044
|
|
Posted: 02/01/05 - 13:08 Post subject:
|
|
|
|
5% of their profits seems sort of excessive, especially if it wasn't intentional. They should have awarded him a standard modeling fee times a factor of three or something.
|
|
|
Back to top
|
|
|
|
|
Vekril
RealPoor Guru
Joined: 15 Oct 2002
Posts: 2525
Location: Jersey
|
|
Posted: 02/01/05 - 13:09 Post subject:
|
|
|
reason # 4890658543643068 why the American legal system is broken
Guy deserved a few thousand dollars for his work + interest, and a few thousand in punitive for not getting permission - that is it
Remember this every time you cheer one of those huge rewards you f*****g morons. There is no such thing as a corporation, it is a legal fiction. There are just the shareholders behind it who lose value (translation = money), and the consumers who have to pay higher prices to make up for money wasted paying lawsuits.
|
|
|
Back to top
|
|
|
|
|
Frehya
RealPoor Guru
Joined: 11 Oct 2002
Posts: 2398
|
|
Posted: 02/01/05 - 13:12 Post subject:
|
|
|
The amount was probably calculated based on the value of usage licensing of his image during all that time, plus interest and some sort of penalty......it adds up but I really dont agree with a percent of the profits either.
As a photographer, I have to be really careful about what images I use that show peoples' faces....and how I use them. I can use them editorially, but not for advertisement or self promotion. Whenever possible, I get a blanket model release signed from the subjects in my photos.
I have to admit, I dont look at any coffee at the grocery store, dont know anyone that would buy regular grocery store brands. I buy whole beans from Starbucks. So if my picture is on any of those jars and cans, let me know!
|
|
|
Back to top
|
|
|
|
|
Silvermouse
RealPoor Jedi
Joined: 12 Oct 2002
Posts: 11015
|
|
Posted: 02/01/05 - 14:42 Post subject:
|
|
|
| Vekril wrote: | reason # 4890658543643068 why the American legal system is broken
Guy deserved a few thousand dollars for his work + interest, and a few thousand in punitive for not getting permission - that is it
Remember this every time you cheer one of those huge rewards you f*****g morons. There is no such thing as a corporation, it is a legal fiction. There are just the shareholders behind it who lose value (translation = money), and the consumers who have to pay higher prices to make up for money wasted paying lawsuits. |
Wait. You mean there's no room with a giant oak table surrounded by rich, old men who are laughing about all of the money they make?
|
|
|
Back to top
|
|
|
|
|
FockTop
Sir Postalot
Joined: 23 Dec 2004
Posts: 1055
|
|
Posted: 02/01/05 - 14:44 Post subject:
|
|
|
There are always some old f**s with their pockets full laughing behind a door.
Always.
And you cant bet your ass that they wont lose any of their money because of this costumers will pay.
|
|
|
Back to top
|
|
|
|
|
Rennol
RealPoor Guru
Joined: 11 Oct 2002
Posts: 3741
Location: Charleston, IL
|
|
Posted: 02/01/05 - 15:53 Post subject:
|
|
|
| Silvermouse wrote: | | Vekril wrote: | reason # 4890658543643068 why the American legal system is broken
Guy deserved a few thousand dollars for his work + interest, and a few thousand in punitive for not getting permission - that is it
Remember this every time you cheer one of those huge rewards you f*****g morons. There is no such thing as a corporation, it is a legal fiction. There are just the shareholders behind it who lose value (translation = money), and the consumers who have to pay higher prices to make up for money wasted paying lawsuits. |
Wait. You mean there's no room with a giant oak table surrounded by rich, old men who are laughing about all of the money they make? |
You really come up with some gems, SM :D
|
|
|
Back to top
|
|
|
|
|
kbarr
RealPoor Jedi
Joined: 05 Oct 2004
Posts: 11239
Location: New York, now go fuck off...
|
|
Posted: 02/01/05 - 16:50 Post subject:
|
|
|
| Silvermouse wrote: | | Vekril wrote: | reason # 4890658543643068 why the American legal system is broken
Guy deserved a few thousand dollars for his work + interest, and a few thousand in punitive for not getting permission - that is it
Remember this every time you cheer one of those huge rewards you f*****g morons. There is no such thing as a corporation, it is a legal fiction. There are just the shareholders behind it who lose value (translation = money), and the consumers who have to pay higher prices to make up for money wasted paying lawsuits. |
Wait. You mean there's no room with a giant oak table surrounded by rich, old men who are laughing about all of the money they make? |
Idiots who see the world the way you do, with the help of scumbag lawyers, are killn companies.
15 mill to some fool because you want to get even with the old white men (what, no balls to put that in ?, you know you meant it) who sit at the table?
f*****g idiots...
|
|
|
Back to top
|
|
|
|
|
Jukas
Toomuchtimeonhands
Joined: 19 Mar 2003
Posts: 896
|
|
Posted: 02/01/05 - 18:07 Post subject:
|
|
|
| Kbarr wrote: | Idiots who see the world the way you do, with the help of scumbag lawyers, are killn companies.
15 mill to some fool because you want to get even with the old white men (what, no balls to put that in ?, you know you meant it) who sit at the table?
f*****g idiots... |
It's not like he spilled coffee on his nuts in hopes to get a cash cow settlement from a burger joint....
They used his photograph without a model release for advertisement and marketing purposes. The settlement was probably based on estimated useage fees over the past X years based on distribution and exposure.
Take a look at some of the stock photography pricing guides, guesstimate on the distribution amounts and you can see how the settlement amount was get up there.
As a photographer myself I'd be damned sure I had a signed model release for any image I even *thought* may be used in a non editorial maner.
|
|
|
Back to top
|
|
|
|
|
kbarr
RealPoor Jedi
Joined: 05 Oct 2004
Posts: 11239
Location: New York, now go fuck off...
|
|
Posted: 02/01/05 - 19:50 Post subject:
|
|
|
| Jukas wrote: | | Kbarr wrote: | Idiots who see the world the way you do, with the help of scumbag lawyers, are killn companies.
15 mill to some fool because you want to get even with the old white men (what, no balls to put that in ?, you know you meant it) who sit at the table?
f*****g idiots... |
It's not like he spilled coffee on his nuts in hopes to get a cash cow settlement from a burger joint....
They used his photograph without a model release for advertisement and marketing purposes. The settlement was probably based on estimated useage fees over the past X years based on distribution and exposure.
Take a look at some of the stock photography pricing guides, guesstimate on the distribution amounts and you can see how the settlement amount was get up there.
As a photographer myself I'd be damned sure I had a signed model release for any image I even *thought* may be used in a non editorial maner. |
20 years ago he would have took 1000 bucks and signed on the dotted line. What makes his picture worth 15 mil, 20 years later?
Nothing.
Idiots, lazy jobless fools, braindead housewives, professional welfare jurists and other assorted scumbags were hand picked for this jury and did exactly what they were expected to do. They gave out an insane, f**k you rich white man, award.
|
|
|
Back to top
|
|
|
|
|
Eindar
Can't Stop Posting
Joined: 02 Nov 2002
Posts: 580
|
|
Posted: 02/01/05 - 20:14 Post subject:
|
|
|
|
It's excessive, but it's also called punitive damages. In this case, the judge was punishing Nestle for making such a boneheaded move. 5 minutes of research anytime between 1986 and now could have prevented the whole problem. Also, taking the 8.6 million settlement, when they were clearly in the wrong, could have avoided this.
|
|
|
Back to top
|
|
|
|
|
GruntingCod
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 6399
|
|
Posted: 02/01/05 - 21:14 Post subject:
|
|
|
|
I love how they could have saved 7ish million to settle for 8.5. f*****g Nestle f*****g morons.
|
|
|
Back to top
|
|
|
|
|
Eduin
Sir Postalot
Joined: 14 Oct 2002
Posts: 1046
Location: Glasgow
|
|
Posted: 02/01/05 - 22:19 Post subject:
|
|
|
| Vekril wrote: | reason # 4890658543643068 why the American legal system is broken
Guy deserved a few thousand dollars for his work + interest, and a few thousand in punitive for not getting permission - that is it
|
You realise that the US legal system is broken yet *still* believe he should personally receive "punitive" damages.
That is the reason the US system is broken. Other countries don't award punitive damages, it's financial loss only.
Regards,
Eduin
|
|
|
Back to top
|
|
|
|
|
Guest
|
|
Posted: 02/01/05 - 22:25 Post subject:
|
|
|
| Eduin wrote: | | Vekril wrote: | reason # 4890658543643068 why the American legal system is broken
Guy deserved a few thousand dollars for his work + interest, and a few thousand in punitive for not getting permission - that is it
|
You realise that the US legal system is broken yet *still* believe he should personally receive "punitive" damages.
That is the reason the US system is broken. Other countries don't award punitive damages, it's financial loss only.
Regards,
Eduin |
He did a modelling gig, didnt get payed but they used his face for years.
CHAH CHING m***********s!!!
|
|
|
Back to top
|
|
|
|
|
kbarr
RealPoor Jedi
Joined: 05 Oct 2004
Posts: 11239
Location: New York, now go fuck off...
|
|
Posted: 02/01/05 - 22:32 Post subject:
|
|
|
| GruntingCod wrote: | | I love how they could have saved 7ish million to settle for 8.5. f*****g Nestle f*****g morons. |
I'm going to walk you through how stupid you are. See if you can follow.
The picture was not worth 15 mil. The mistake made by whoever, 20 years ago, is not worth a 15 mil "punishment".
Its a f*****g picture......
Any logical lawyer who would have agreed to an 8.5 mil settlement should have been fired. This award was insane, given out by fools. A judge will adjust this assinine award, no doubt.
|
|
|
Back to top
|
|
|
|
|
Eduin
Sir Postalot
Joined: 14 Oct 2002
Posts: 1046
Location: Glasgow
|
|
Posted: 02/01/05 - 22:40 Post subject:
|
|
|
| Jack Crow wrote: | He did a modelling gig, didnt get payed but they used his face for years.
CHAH CHING m***********s!!! |
You're missing the point.
Everywhere else, when something such as this happens, the individual gets an award from the court based on financial loss *only*. This guy would have got a settlement based on a repeat fee likeness rights, probably a few grand per year plus interest.
But in America, you also get punitive damages. This has several problems the worst of which is that it encourages a culture of suing.
If you *must* have punitive damages, those should be paid to the state/government not the indivudual, so that the only recovery an individual gets from the courts is their own financial loss.
Regards,
Eduin
|
|
|
Back to top
|
|
|
|
|
kbarr
RealPoor Jedi
Joined: 05 Oct 2004
Posts: 11239
Location: New York, now go fuck off...
|
|
Posted: 02/01/05 - 22:44 Post subject:
|
|
|
| Eduin wrote: | | Jack Crow wrote: | He did a modelling gig, didnt get payed but they used his face for years.
CHAH CHING m***********s!!! |
You're missing the point.
Everywhere else, when something such as this happens, the individual gets an award from the court based on financial loss *only*. This guy would have got a settlement based on a repeat fee likeness rights, probably a few grand per year plus interest.
But in America, you also get punitive damages. This has several problems the worst of which is that it encourages a culture of suing.
If you *must* have punitive damages, those should be paid to the state/government not the indivudual, so that the only recovery an individual gets from the courts is their own financial loss.
Regards,
Eduin |
The sloppy drunk is right.
|
|
|
Back to top
|
|
|
|
|
Nictathan
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 5531
Location: here... where I am... not with you
|
|
Posted: 02/01/05 - 22:49 Post subject:
|
|
|
| Kbarr wrote: | | Eduin wrote: | | Jack Crow wrote: | He did a modelling gig, didnt get payed but they used his face for years.
CHAH CHING m***********s!!! |
You're missing the point.
Everywhere else, when something such as this happens, the individual gets an award from the court based on financial loss *only*. This guy would have got a settlement based on a repeat fee likeness rights, probably a few grand per year plus interest.
But in America, you also get punitive damages. This has several problems the worst of which is that it encourages a culture of suing.
If you *must* have punitive damages, those should be paid to the state/government not the indivudual, so that the only recovery an individual gets from the courts is their own financial loss.
Regards,
Eduin |
The sloppy drunk is right. |
It's a confusing day when Kbarr agrees with Eduin... not sure if the Universe can handle it.
|
|
|
Back to top
|
|
|
|
|
Ciladar
RealPoor Guru
Joined: 15 Oct 2002
Posts: 3765
Location: Northern New Jersey
|
|
Posted: 02/01/05 - 22:50 Post subject:
|
|
|
|
Next thing we know he'll agree with Renork and ATM Banana...
|
|
|
Back to top
|
|
|
|
|
Nictathan
RealPoor Master of Posts
Joined: 11 Oct 2002
Posts: 5531
Location: here... where I am... not with you
|
|
Posted: 02/01/05 - 22:50 Post subject:
|
|
|
POOF!
That's what is going to happen.
|
|
|
Back to top
|
|
|
|
|
ATM Banana
RealPoor Master of Posts
Joined: 02 Jan 2003
Posts: 8575
|
|
Posted: 02/01/05 - 23:05 Post subject:
|
|
|
| Ciladar wrote: | | Next thing we know he'll agree with Renork and ATM Banana... |
never
|
|
|
Back to top
|
|
|
|
|
kbarr
RealPoor Jedi
Joined: 05 Oct 2004
Posts: 11239
Location: New York, now go fuck off...
|
|
Posted: 02/01/05 - 23:09 Post subject:
|
|
|
Logic is logic.
But...
Crying like a baby at some kids book, is a sure sign of serious emotional problems.
He is still a blowhard, a crybaby and an anti-American scumbag.
|
|
|
Back to top
|
|
|
|
|
Plat4PoP
RealPoor Jedi
Joined: 12 Oct 2002
Posts: 14376
Location: USA
|
|
Posted: 02/01/05 - 23:34 Post subject:
|
|
|
| Ciladar wrote: | | That is something... Definalty a lucky guy, even though he wasn't to observent. If you think about it though, if he never drank coffee, it makes sense he would not see it. How often do you stare at products in the grocery store that you don't eat/drink? On the other hand, if he was an avid coffee drinker, then he is just an idiot. |
I disagree with that last line, if he did know he is a genius... $15m... brilliant!!
|
|
|
Back to top
|
|
|
|
|
Cethan
Can't Stop Posting
Joined: 18 Oct 2002
Posts: 505
|
|
Posted: 02/01/05 - 23:40 Post subject:
|
|
|
|
I agree with Eduin. I must now go bath myself before I claw the dirty skin right off my body.
|
|
|
Back to top
|
|
|
|
|
Guest
|
|
Posted: 02/02/05 - 01:56 Post subject:
|
|
|
| Eduin wrote: | | Jack Crow wrote: | He did a modelling gig, didnt get payed but they used his face for years.
CHAH CHING m***********s!!! |
You're missing the point.
Everywhere else, when something such as this happens, the individual gets an award from the court based on financial loss *only*. This guy would have got a settlement based on a repeat fee likeness rights, probably a few grand per year plus interest.
But in America, you also get punitive damages. This has several problems the worst of which is that it encourages a culture of suing.
If you *must* have punitive damages, those should be paid to the state/government not the indivudual, so that the only recovery an individual gets from the courts is their own financial loss.
Regards,
Eduin |
WHo give a f**k about "everywhere else"
Up in THIS m*********r, a negro gonna get Paaaayyyyeedddd
BLANG BLANG
Word to yo motha
(sic =P)
|
|
|
Back to top
|
|
|
|
|
|
|
