(1983) Tags: MGM
Zack Ward v. Warner Bros. Entertainment Inc.
This action is brought by the Plaintiff, Zack Ward, the actor who portrayed the character “Scut Farkus” in ‘A Christmas Story’. Zack Ward seeks damages against the Defendants for Misappropriation of Likeness and the Common Law Right to Privacy related to the manufacture and sale of “Scut Farkus and His Toadies” figurines.
Based upon information and belief, Warner Bros. and Enesco entered into a product license agreement whereby Enesco was permitted to manufacture the “Scut Farkus Figurine.” Ward alleges that Warner Bros. knew that it did not own the rights to use or license the Plaintiff’s likeness for purposes of producing consumer merchandise.
WB claims that the ‘Scut Farkus’ figurine was not based on his likeness and did not use his actual face in the design. Zack Ward seeks monetary damages and to enjoin the sale of the ‘Scut Farkus’ figurine.
Judgment: The Plaintiff, Zack Ward, and the Defendants, Warner Bros. Entertainment, Inc. and Enesco, LLC, by and through their undersigned attorneys, hereby stipulate and agree that this action shall be, and it hereby is, dismissed with prejudice, with each side to bear their own fees, costs and expenses.