American Idol" winner Ruben Studdard is suing Alabama clothing maker

the smoking gun ^ | 8.1.03 | smoking gun

[freepatriot32]

AUGUST 1--Oversized "American Idol" winner Ruben Studdard is suing the Alabama clothing maker who once supplied him with those colorful "205" jerseys--size XXXXXXXXL--he wore on the Fox TV talent show. In a lawsuit filed Wednesday in Jefferson County Circuit Court, the corpulent crooner claims that 205 Flava, Inc., the Birmingham couturier, is improperly using images of the swollen singer to move its merch via its web site. The two-ton troubadour is seeking a court injunction against the firm, which the elephantine entertainer estimates to have earned north of $2 million by exploiting his image. The sweaty Studdard, currently headlining the "Pop-Tarts Presents American Idols Live Tour," opted for more fashionable clothing as he advanced through the Fox competition, leaving his damp 205 jerseys behind. Below you'll find a key excerpt from Studdard's complaint.

[Luis Gonzalez]

That's Omar!

[Old Professer]

The point here is that the shirt was labeled with the company's logo and worn on television by Ruben; if the image they are using is one of those, then any action should come in the form of a copyright infringement from the network airing the show.

If the shirt company is misrepresenting any current use of their product that is a separate issue, IMO.

[Dianna]

I can not take your picture and use it to market swimsuits (regardless how good, or bad you may look in it) UNLESS you sign a contract allowing me to do this

I wonder if the web site used Reuben's picture before he won the big prize. If they did and he didn't complain (possibly being helped by some additional exposure), can he complain now?

[republicandiva]

Thanks for the ping. Maybe someone ought to explain "capitalism" to Ruuuuben and explain why contracts are negotiated. If he thinks he's such a hot commodity, he should trademark his name, but he probably realizes he's a passing fad. Do you know if they're asking for damages, or just cease and desist? Just one more blemish to mark the second season. I do think, though, the author of this article was out of line with his comments.

BTW, have you heard Randy Jackson had his stomach stapled and apparently has lost a fair amount of weight....AND they've started the auditions for the third season...gonna watch?

[Hodar]

The point here is that the shirt was labeled with the company's logo and worn on television by Ruben; if the image they are using is one of those, then any action should come in the form of a copyright infringement from the network airing the show.

So, if he wore Nike shoes, Nike would have permission to use his likeness in commercial ads? Nope. He was not actively PROMOTING the shirt, was he? If I arrive at a showing in a Lexus, and the press is there to cover my arrival (which is so usual for us freepers), Lexus does not have the right to use me as a spokesperson (unless I am compensated - note to Lexus "Lets do Lunch sometime")

[RWG]

I guess the point I am trying to make here is simply above your head. Sheesh

What do you mean by that?

[RedBloodedAmerican]

I read the other day where Krispy Kreme is trying to hire Ruben as their spokesman.

[Old Professer]

If the picture showed the Nike shoes, yes.

[Old Professer]

It usually means they ran out of arguments.

[Constitution Day]

LOL! Now that's no way to talk about one of NC's finest exports.

[discostu]

No. No company is allowed to use your image to advertise their product without your permission (or the permission of your estate handlers if you're dead) EVER no matter how much of their merchandise you're wearing. It's a very cut and dry piece of law that's been that way for a very long time. You could tatoo the Nike swoosh on your forhead but without your permission they cannot use it to advertise their product under any circumstances.

[billhilly]

205 is the area code. Ruben covers most of it. He was nice to watch during the competition although Clay was the superior talent.

[L.N. Smithee]

If he doesn't like it, he could always lose some weight.

His obesity is no excuse for cruelty -- and before you say it's not cruel to speak the truth, consider whether or not you think it would be acceptible to you that someone make reference to whatever flaws YOU have every time they see or speak of you.

[L.N. Smithee]

I wonder if the web site used Reuben's picture before he won the big prize. If they did and he didn't complain (possibly being helped by some additional exposure), can he complain now?

Simple. He dropped out of college to go to Hollywood for AI. He won a million dollars by being the winner of the competition. He can afford to pay lawyers now.

[L.N. Smithee]

I voted for Clay, but the ad hominem attacks towards Ruben in this article are disgusting! They used every unpleasant adjective they could think of. That is wrong.

It kills me -- people pile on Hillary, Chelsea, Janet Reno and other sub-Victoria's secret model liberalettes about their looks, their weight, and whatever else (I have done so in the past, but have broken the habit), and then I get a look at some of the Freepers at protests. From a purely aesthetic viewpoint, a few of them make Hillary look like Venus de Milo. Heaven help them if they should ever become liberals -- the blowback from the "Chelsea's a dog" crowd would be gale-force.

Inner beauty is more important than looks. Beware being bitchy if you would suffer under your own standards.

[Wolfie]

Two observations: Technically, of course, they should be paying him to license his image. But, that's probably an impossibility since the American Idol contestants are owned, and I mean OWNED, lock, stock, and barrel, by the production company that makes the show. ALL likenesses, images, performances, recordings, video, audio, stick figure images (well, maybe not in Reuben's case), etc. are property of the AI producers in perpetuity. Those kids sign the mother of all bad production deals to be on that show. Heck, he may even not have a choice BUT to sue.

[Wolfie]

Here's what I'm talking about above. Heck, I'm surprised the producers of American Idol haven't sued the clothing company yet.

Slaves Of Celebrity - Kelly Clarkson has a golden future, right? Maybe so. But the "American Idol" winner and her fellow finalists had to sign virtually their entire careers away to the show's producers for one shot at stardom.

[MississippiMan]

I can not take your picture and use it to market swimsuits (regardless how good, or bad you may look in it) UNLESS you sign a contract allowing me to do this.

Even if the picture is also of their clothes, on him, furnished to him free of charge? I'm not saying you're wrong. Just wondering if this puts a new legal wrinkle in it, if they might not be able to say he gave tacit approval to use pictures of him by wearing their clothes without paying.

MM

[L.N. Smithee]

Here's what I'm talking about above. Heck, I'm surprised the producers of American Idol haven't sued the clothing company yet.

I read the link (as much as it pained me to give Salon.com a hit) and I think we have discovered the key motive. The contestants have signed away almost of their rights to independent decisions about their own careers in exchange for the shot at superstardom.

If the excerpts from the contract in the story are an accurate portrayal of its intent, 19 Entertainment could sue Flava even if Ruben didn't want them to, and Ruben would be bound by contract not to disapprove publicly.