Hulk Hogan a/k/a Terry Bollea thinks that a character in a Cocoa Pebbles commercial (shown below) is too similar to him — and that it misappropriates his image or likeness for a commercial purpose. If that is the case, it is a no-no under Fla. Stat. § 540.08, which protects Floridians from unlawful commercial appropriation of their name or likeness.
In Hulk’s corner, the character in the commercial has long blonde hair, a mustache, and is called either “Hulk Boulder” or “Bulk Boulder.” I can’t really tell. In Post’s corner, it seems that the wrestler in the ad has a lot less forhead, a very different mustache, no headband, no Oakleys, and doesn’t seem to use the Hulkster’s gravely voice.
This suit seems like a stretch to me. (complaint here)
H/T: Nadia
Hmmm, I tend to think Hogan may have a point here. Seems awfully close to his persona. But I wouldn’t call it a slam-dunk by any means. I can’t to wait to see how this one turns out…
If I were the jury, Hogan would win this one.
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Is there a parody defense under this Florida statute? If so, I would say the advertiser has a reasonable chance of making that one.
Dan: this is clearly commercial speech, so the parody defense won’t work.
Is it really any weaker than the Vanna White/Samsung case?
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