(2010) Tags: Universal
Esch v. Universal Pictures Company, Inc.
Miller v. Comcast
Esch is a “professional heavyweight boxer, kick boxer, and mixed martial artist (‘MMA’).” The complaint alleges that Esch “is known famously throughout the world as ‘Butterbean.’ He is 5’11” tall and weighs over four hundred pounds. Esch’s physical appearance is characterized by a bald head and a round body, and when he appears in fights he wears “American flag-like trunks” and uses “Sweet Home Alabama” by Lynyrd Skynyrd as his theme song.
Esch claims that the Despicable Me “trailer, among other things, prominently includes an animated character that, to a reasonable person, appears to be based on Butterbean and/or his likeness,” and that this use “was likely done for commercial reasons to promote future ticket sales of Despicable Me.” Additionally, Esch alleges that the use of his likeness was done without his permission and that this use has injured him and invaded his privacy. The trailer itself depicts the arrival of several American tourists at the Egyptian Pyramids. The character in question appears to be the father of a little boy in the trailer. He is wearing white shorts with red stripes and a blue tank top. He is overweight and wearing a cowboy hat. The song Sweet Home Alabama plays for a few seconds when the tour bus arrives at the Pyramids.
Judgment: The court finds that the defendants’ motion to dismiss and motion to strike are granted.
Miller v. Comcast
In his complaint, Plaintiff alleges that Comcast has “used him in movies, TV shows, music and commercials” without his permission, and that Comcast is engaged in a campaign to portray him “in the worst possible light” and “ruin his life.” Specifically, he alleges that Comcast “literally tries to cast him as a villain in their movies, and turn America against him,” and that the film “Despicable Me” was a “direct hit towards” him and that the movie “Happy Death Day” was an attempt to “ruin his birthday.” Plaintiff additionally alleges that Comcast followed his now deactivated Twitter account and then conspired with his phone carrier to spy on him through his phone, and that Comcast is “trying to get people to kill him.”