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Arnold Schwarzenegger Threatens Lawsuit over Bobblehead

California Gov. Arnold Schwarzenegger wants a bobblehead doll terminated.

Schwarzenegger's attorney has threatened to sue a small northeast Ohio company unless it stops selling a bobblehead doll featuring the governor's name and likeness.

Lawyers for Schwarzenegger's Oak Productions have written the Ohio-based distributor, demanding that its "outrageous, malicious and tortious actions" amount to an unauthorized use of Schwarzenegger's "publicity rights." 

The letter demands that the company discontinue distribution of the dolls and make "a substantial payment ... as compensation for the damages you have caused."

It is at least the second time since Schwarzenegger became governor last fall that his private lawyers have confronted a marketer. In March, a beer company stopped distributing "Governator" brew after legal action was threatened. About 1,000 of the dolls were manufactured in China, according to a company spokeswoman, Tami Rike.


But Todd Bosley, president of Ohio Discount Merchandise, said he has the right to sell the bobblehead because Schwarzenegger is a public official.
"He's public domain. He's a public official. We can't portray him as an actor, but as a governor we feel we have the right to portray him," Bosley said Friday.

The bobblehead sells for $19.99 and features a grinning Schwarzenegger wearing a suit and bandolier and holding an assault rifle.

"He's a governor with attitude and that's how we wanted to portray him," Bosley said.

Schwarzenegger's attorney Martin Singer sent Bosley a letter Thursday stating that his client never gave consent to use his name and likeness.

Singer demanded Bosley turn over the profits from the bobblehead sales along with any unsold bobbleheads. He also sought damages on behalf of Oak Productions Inc., which owns Schwarzenegger's publicity rights.

Schwarzenegger became aware of the doll when his wife, Maria Shriver, visited a Washington gift shop, according to the brothers. She was offended and asked the shopkeeper to remove it from the shelves


Bosley's six-employee company has been making bobbleheads for about five years. His business gets about $1.50 per doll, while the Sarcoma Foundation of America gets $5 per the doll. The sale price is $19.95 each.

The Sarcoma Foundation of America aids research treatment therapies for the childhood cancer that took the leg of Ted Kennedy Jr., the cousin of Schwarzenegger's wife, Maria Shriver. Proceeds from three other politician dolls -- Democratic presidential hopefuls John Kerry, Howard Dean and Wesley Clark -- also are going to the foundation.

Bosley said his company has produced about 1,000 Schwarzenegger bobbleheads and sold about 200 in the last month.

Click here to see Arnold's Terminator bobbleheads!

Compiled from articles by: Associated Press & CNN.com