Russell Christoff v. Nestle USA
Published: Feb. 23, 2005 | Result Date: Jan. 27, 2005 | Filing Date: Jan. 1, 1900 |Case number: EC036163 Verdict – $15,635,800
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Lawrence E. Heller
(Heller & Edwards)
Experts
Defendant
David Stewart
(technical)
Jeremy Foster-Fell
(technical)
Facts
In 1997, the defendant Nestle USA was redesigning its Taster's Choice labels. Unable to locate a high resolution image of the existing "taster" (the person who had appeared on the label for the past 30 years), the defendant located the plaintiff's image from its sister company in Canada and placed the plaintiff's photograph on its Taster's Choice products in the United States and worldwide, without his authorization. The photograph was taken in 1986, as part of a client presentation made to Nestle Canada. The plaintiff, a working model, sat for a photo session on Aug. 27, 1986. That photograph (the plaintiff contended without his knowledge) was used on Nestle Canada Taster's Choice products commencing in 1986. The plaintiff testified Nestle Canada never paid for such usage. The plaintiff discovered the use of his photograph by the defendant Nestle in June 2002 and this action resulted from that.
Settlement Discussions
The plaintiff demanded $8.5 million. The defendant offered $550,000.
Damages
Unauthorized use of a plaintiff professional model's image on a widely-sold popular product label.
Other Information
PLEASE PROVIDE THE EXPERTISE AND CITY OF LOCALE OF EXPERTS PETER SEALEY AND MICHAEL KAPLAN
Deliberation
one day
Length
six days
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