How did he not fucking know?

PleaseKillMeNow

Aerobics Instructor,
Joined
Apr 12, 2001
Posts
7,484
I hate coffee and I know this guy's face.

http://edition.cnn.com/2005/LAW/02/01/coffee.model.ap/index.html

Unwitting coffee model awarded $15.6M


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."

EDIT: I googled a pic just in case you don't know.

http://albertsons.dailyshopper.com/lib/Albertsons/4980/b_08_02.jpg

(I promise it shouldn't turn into a gaping butthole)
 
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KagerouSama

Dr. Brown's Time Machine Mechanic
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gamejunkie

Hijacked by a Spambot!
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That's pretty sweet. I hope Nestle gets denyed in their appeal.
 

aria

Former Moderator
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Dec 4, 1977
Posts
39,546
I say good for him (the model). This was a case of a big company (possibly inadvertantly) screwing a "little guy" out of royalties owed for use of likeness. Clearly the contract between the two was not written well because they guy was able to win.

The large verdict seems aimed more at teaching Taster's Choice's corporate parent (Nestle) a lesson than to help the model, if you take 5% of a corp's profits for a number of years you will teach not only that company, but every other company not to be more careful about getting the rights to the images they use.

Taster's Choice was stupid to keep those photos in house without properly identifying them as "not compensated correctly" or whatever they want to call it. They're a sophisticated business entity so they're expected to know better: they are expected to keep track of property, contracts (and write them better), payments and the multiple other things they either forgot or chose not to do.

Then again, this will make modeling contracts a whole lot more stringent... you're already supposed to sign away your rights in these things, clearly the one he signed (or didn't) in 1986 wasn't strong enough. Ladies and gentleman, that is why you need a lawyer to write your business contracts -even when it's simply hiring a model.
 
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Chicago Cheeseburgler Crew

BANNED , Banned , Here's why
10 Year Member
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Posts
24,280
They once used my leg's likeness for a Footsmart Women's Pantyhose display without my permission. I found it the next week while I was shopping.
 

norton9478

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No Time
For Games.
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Posts
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Reminds me of the Old Budwizer Frogs comercial fiasco...

Anyways, It's not clear if the shoot was an audition or not.....

And ohh yeah, Folgers tastes like someone peed in a 3 week old batch of mcdonalds' coffee.

Chock Full of Nutz is wher it is at.
 
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