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Governor vs doll

LOS ANGELES, MAY 19. To some, it is a doll toting an assault weapon and sporting a teeth-baring grin. A bit of fun to lighten up dark times, a jest protected by the U.S. Constitution's guarantee of free speech, all for $19.95 (about Rs. 900). But, to one of the most recognisable figures in contemporary showbiz and politics, it is an assault on his dignity and reputation and, more to the point, a blatant attempt to make millions of dollars exploiting his likeness.

Now the dispute between a doll manufacturer and California's Governor, Arnold Schwarzenegger, has turned serious, with both sides trading insults.

In America, ``bobblehead'' plastic dolls — caricature figures a few centimetres high, with an oversize head that bobbles on a spring — are commonplace. But lawyers for Mr. Schwarzenegger's film production company filed a lawsuit against Ohio Discount Merchandise Inc. claiming that its doll exploits his likeness for commercial purposes.

Lawyers for the doll-maker argue that, as a politician, Mr. Schwarzenegger is a legitimate subject for satire. ``If we did the Terminator doll, we couldn't do that,'' a spokeswoman said. ``But we're doing the Gov. Schwarzenegger, and that is completely within our rights as American citizens... He's in the public domain.'' Todd Bosley, the toy company's president, asked: ``Do we succumb to threats and heavy-handedness? Or do we stand up for what America really is?''

Mr. Schwarzenegger's lawyers initially wrote to the company, arguing that its actions were ``outrageous, malicious and tortious'' and demanding ``a substantial payment... as compensation for the damages you have caused.'' His name, the letter noted, ``is worth millions of dollars... Oak Productions has legal claims against you for compensatory damages in that amount.'' But the toy firm responded that its aim was not profit, as much of the money goes to charity. It also argued its actions were protected by the Constitution. ``It's clearly a parody,'' said its lawyer. ``It is also making a statement about the cult of celebrity in America. If you're famous, then suddenly you're highly electable. It is a transformative statement and absolutely protected under the First Amendment.''

The company said it had not had any problems with other dolls, ranging from Jesus Christ to President Bush. ``Jimmy Carter sent me a book,'' said Mr. Bosley. ``Hillary Clinton signed one and sent it back to me. Rudy Giuliani carried his around with him to several of his speeches. We've never had a problem like this.''

Guardian Newspapers Limited 2004

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