Haha. What a loser.
The case is dead in the water anyway. The image is public domain.
SnakeDoc
However the right of publicity may come into play and he might have a case under that doctrine depending on the state he lives in that he is suing commercial firms for using his image in billboards and other advertising.
Quote: "The right of publicity is generally defined as an individual's right to control and profit from the commercial use of his/her name, likeness and persona, which shall be referred to in this article as the "individual's identity". Protecting the individual from the loss of commercial value resulting from the unauthorized appropriation of an individual's identity for commercial purposes is the principle purpose of this body of law."