Franklin Feranna aka Nikki Sixx v. Vans Inc., High Speed Productions Inc. dba Thrasher Magazine
Published: Jun. 28, 2005 | Result Date: Feb. 9, 2005 | Filing Date: Jan. 1, 1900 |Case number: BC303262 Verdict – $600,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Caroline H. Mankey
(Akerman LLP)
Defendant
Anthony J. Ellrod
(Manning & Kass Ellrod Ramirez Trester LLP)
Experts
Plaintiff
Jonathan Faber
(technical)
Defendant
Neil Beaton
(technical)
Facts
Franklin Ferrana, aka Nikki Sixx, the 40-year-old bassist for rock band Motley Crue, agreed to appear at Thrasher magazine's "Skater of the Year" award ceremony and to present the award to professional skateboarder Tony Trujillo. Thrasher arranged the appearance, and approached Trujillo's sponsor, Vans Inc., the Santa Fe Springs-based manufacturer of Vans sneakers and apparel, to pay for the appearance. Vans agreed to pay Sixx $2,500. Months after the event, Vans used pictures of Sixx presenting the award to Trujillo in an ad campaign that ran in eight magazines. Similar images were displayed on posters at stores and skateparks.
Settlement Discussions
Sixx made a C.C.P. Section 998 offer for $395,000 in the early stages of the litigation, then increased his demand to $1 million.
Damages
Sixx claimed that his appearance in the Vans ad conflicted with his own interest in his N. Sixx by Dragonfly clothing line, for which he formerly appeared in magazines, on television, and on radio. He claimed that the fame and popularity from 20 years playing bass for Motley Crue and his other endeavors have made his name and likeness extremely valuable. He sought damages of about $1.8 million in licensing and lost opportunities. The defense's accounting expert testified that the use Sixx's image was worth between $2,500 and $15,000.
Other Information
Attorney fees and costs were awarded under California Civil Code Section 3344. Expert fees were awarded pursuant to C.C.P. Section 998 because Sixx made a settlement offer that was less than the jury award.
Deliberation
one day
Poll
12-0
Length
nine days
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