Calif. Jury Awards $15.6M to Nestle Model

[mvrekum]

From: http://www.forbes.com/home/feeds/ap/2005/02/01/ap1794628.html (http://www.forbes.com/home/feeds/ap/2005/02/01/ap1794628.html)

Just be sure you have your model sign an adequate model release !!!!

Martin
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Calif. Jury Awards $15.6M to Nestle Model
02.01.2005, 03:17 AM

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."

[Belmondo]

This is not a surprising outcome. Nestles was stupid.
:rolleyes: :lol:
Assuming they lose the appeal, I have to wonder how long this guy is gong to be a kindergarten teacher.

[dewmuw]

Nice pension plan!

[IndyJeff]

Dear Nestles,
I hear you may be in the need for a face for your Taster's Choice Coffee labels. I am available and my rates are slightly more reasonable than the last guy who appeared on your labels.
If you have any interest, please respond and we can begin negotiations immediatey.

Yours Truely,

IndyJeff

[Andy_T]

[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."

Stupid thing to say.
Maybe this will hurt the sales of Taster's Choice and so also his 5% share of the profits :lol:

Best regards,
Andy

[Belmondo]

You sort of have to wonder what kind of store he shops in where the Bloody Mary mix is kept with the instant coffee. (or vice versa)

He's in the SF Bay area, so I guess anything's possible.

:lol: :lol:

[Andy_T]

OTOH, his confession that he uses Bloody Mary mix makes me doubt his coffee beans statement ...

A Bloody Mary is not that complex to mix...

Best regards,
Andy

[cmM]

you'd think a company like Nestle would make sure rather then think they have a model release before they print out millions of labels.

[CyberDyneSystems]

New model?

Why? Clearly they have now paid for this one :lol:

And really ,. what is Bloody Mary Mix? That is as absurd as "instant coffee" (just add hot water... strikingly similar to how you make real coffee)

Can you belive that 5% of the Tasters choice business is so much? Who drinks it?

[Tom W]

Seems a little steep to me. But, the lesson is clear - get a release.

[Redbird_xo]

California's court system is in the 9th circuit of the federal court system. Due to many surprising outcomes from the 9th circuit courts as comparing to the other circuits, the 9th circuit is aka "9th circus."

I wonder how much is left of the $15.8 mil after paying the greeding attorney and uncle sam. Anyways, it should be enough to a few 1Ds Mk2 and all the Ls. Hehe!

[GaryTorello]

Russell Christoff was on TV this morning (Good Morning America) - certainly seemed happy with the judgement, however Nestle has announced immediate plans to appeal...


Katie Curic (show host) was quick to ask: "do you think they have grounds for an appeal?" [insert GROAN here]


Gary

[Seamless]

California's court system is in the 9th circuit of the federal court system. Due to many surprising outcomes from the 9th circuit courts as comparing to the other circuits, the 9th circuit is aka "9th circus.

No it's not.
Haven't checked directly, but the post indicates it was a trial in the county court system, which is part of the state courts, not the federal district court.

The 9th Circuit Court of Appeals then would have nothing to do with this case.

By the way, there are wide differences between areas in Cal., and even in the federal district courts. Not suprisingly, differences are also found within the 9th Circuit judge panels, which reflects Cal differences as well as the fact that the 9th Circuit covers multiple states..

[Redbird_xo]

The 9th Circuit Court of Appeals then would have nothing to do with this case.

You are right. The federal 9th Circuit has nothing to do with this. I jumped the gun on this one. The appeal will go to CA appellate courts and won't go to the federal 9th Circuit. For this kind of civil lawsuits, it bet it will never leave the CA jurisdiction. The stuff that I used to do for living has something to deal with the federal Court of Appeals system.

Pardon me for not being careful.

[Seamless]

Pardon me for not being careful.

No, sorry, I didn't mean to be abrupt with you.
I'm particularly cued into the 9th Cir. as I'm coincidentally working on a brief for a copyright case there. (really)

[pradeep1]

I doubt Nestle will have to pay our $15.6 M. Decision will be overturned on appeal and they'll settle for a much, much less amount....maybe closer to that original number in the article. What do you think?

[Belmondo]

Apparently there is a law on the books in California that calls for payment of 5% of profits to the injured party in cases like this. The amount of the award was based on real numbers, and were not just arbitrarily awarded by a runaway jury. Nestles could have a big problem here.

[Tom W]

Kind-of makes me wonder why they do business in California.

Is that a hoola-hoop around your head in your avatar? :)

[Belmondo]

Is that a hoola-hoop around your head in your avatar? :)

No, silly. It is my angelic aura....a halo.


:rolleyes:

[Tom W]

Oh.... Halo, how are you?

And on that happy note, I'm off to work. :)

[Cadwell]

No, silly. It is my angelic aura....a halo.


:rolleyes:


They're generally higher... yours apears to have slipped a little... slight demonic tendencies perhaps? :twisted:

[Belmondo]

They're generally higher... yours apears to have slipped a little... slight demonic tendencies perhaps? :twisted:

Absolutely not..
I had it professionally lowered so it would fit in the avatar. I can now raise and lower it at will using hydraulics.

[pradeep1]

They're generally higher... yours apears to have slipped a little... slight demonic tendencies perhaps? :twisted:

That's not a HALO, that's an Earthlink Marketing Tool.....Shhhh...it's not there.