Berra Sues TBS Over 'Sex and the City' Ad

[question everything]

Feb 2, 9:55 AM EST

Berra Sues TBS Over 'Sex and the City' Ad

NEW YORK (AP) -- Hall of Famer Yogi Berra has filed a $10 million lawsuit against TBS, claiming the cable television network sullied his name by using it in a racy advertisement for its "Sex and the City" reruns.

Berra's papers, filed in Manhattan's state Supreme Court, say the Turner Broadcasting System Inc. ad, which has appeared on buses and in subways, caused "severe damage to his reputation" with its reference to Kim Cattrall's sexually promiscuous character, Samantha.

The offending ad, Berra's court papers say, queried readers about the definition of "yogasm." Possible definitions: (a) a type of yo-yo trick, (b) sex with Yogi Berra and (c) what Samantha has with a guy from yoga class. The answer is (c).

http://hosted.ap.org/dynamic/stories/B/BBO_YOGI_BERRA_SEX_AD?SITE=CAANR&SECTION=ENTERTAINMENT

[AP]

1. That'll be worth something, but not 10 mil. What do you think he'lll get?

50,000 to a charity of his choice and a yogasm?

[AnnInLa]

2. Well, at least he didn't

burn himself with that nasty McDonald's coffee.

[DefenseLawyer]

19. Not to go off on a tangent

but you should really look at the facts from the "McDonald's coffee case" before using it as an example of "frivolous lawsuits", which I assume was your intention. There was nothing frivolous about it. http://lawandhelp.com/q298-2.htm

[progressivebydesign]

3. Unless he's broke, he needs to lighten up..

WHAT kind of harm, really, would that do to a public person? He should roll with it and sign a fat Viagra deal or something. Perhaps they meant Yogi Bear, that would have been funnier.

[Sterling]

17. Actually I think he has a case.

Famous people get paid to lend their name to products. They usually have to sign off their name and likeness to have it used in this way.

[TahitiNut]

4. Hell, I'd say it IMPROVED his reputation.

Watch him show up in Viagra ads, now.

[GiovanniC]

5. Berra Has No Cause of Action Here

For the same reason that Michael Jackson can't sue all the people who tell this joke:

"Why did Michael Jackson go to K-Mart? He heard all the boys' underwear was half off."

[AP]

6. If that joke were used in a Target advertisement, Jackson and K-mart might

be able to sue.

[GiovanniC]

7. If It Was Used in an Advertisement For a SITCOM, Nobody Would

be able to sue.

That's more the issue here.

Besides, they aren't even making fun of all the dumb things that guy has said... they're just making a play on his first name. Quite tame.

[msanthrope]

8. Good for Yogi---

Yogi Berra is a Yankee of the old school and a gentleman. I can see how any reference to him having sex with a woman other than Carmen would be deeply offensive to him.

Also, he is a viable commercial entity. Either you negotiate with him for his cut, or you don't get to use him.

Favorite Yogism?

Yogi: Where have you been?
Carmen (his wife): I took Tim to see Dr. Zhivago.
Yogi: What the hell's wrong with him now?

and,

"We were going to have some blinds repaired, only I didn't know it. I was upstairs, when my son Larry called out, "Dad the guy is here for the venetian blinds." I told him, "Look in my pants pocket and give him five bucks."

[K-W]

10. They didnt use him, they made a joke about him.

So no, he doesnt have any case, and no it isnt classy for him to sue.

[AP]

11. He actually does have a case. It's just not worth that much.

[GiovanniC]

12. I'm Going To (Again) Disagree

There is absolutely no basis for a lawsuit here. Zilch. For a number of reasons, not the least of which is that as a public figure, Yogi Berra has extremely limited recourse against SERIOUS defamation, and a lawsuit would have to show actual malice on the part of the Sex and the City ad campaign which I think we can all agree was not present.

[AP]

14. I doubt it's a defamation that he'd win on. It's more like "false light"

or one of those torts where you can't impute someone's association with a product without their consent.

[GiovanniC]

15. He Still Would Not Win

The sort of suit you're talking about would be like if they had billboards up with a picture of Yogi Berra that said "I watch Sex and the City every night except for the nights that I don't! - Yogi Berra" or otherwise claimed that Yogi Berra endorsed their show or "product". Again, that's not the case here.

How many times have you watched a show on TV where they mention a celebrity even though the celebrity didn't endorse the show? For example, a show like South Park, which featured a gigantic Mega-Barbara Streisand wreaking havoc on civilization, both on the show and in advertisements. Streisand could not then sue South Park or Comedy Central because of that.

I'm still waiting for any argument that you think would indicate that Berra would have any claim against TBS or Sex and the City. He's drawing dead right now.

[AP]

16. You should read the complaint:

http://www.thesmokinggun.com/archive/0131052yogi5.html

It looks like there's a statute covering this, and the difference between your hypothetical and this complaint is that the use of the name was in the context of an advertisement. This is why you don't see South Park putting Streisand's name on billboards advertizing South Park DVDs in New York State.

He's also suing for business loss.

This case has nothing to do with defamation.

The statutory claim is pretty straightforward. I think that's going to be worth something -- not much, but something. The second one I'm not so sure about it. I'm just guessing at what the elements would be, however, I suspect that the court will say that this wasn't really a business-like use of his name. Ie, it's doesn't really look like an endorsement. The statutory claim doesn't look like it has that sort of requirement. It's enough that the name was associated with the show.

[Sterling]

18. You are correct.

This being an ad makes it different.

[welshTerrier2]

13. a couple of yogi's

waiter: mr. berra, would you like us to cut your pizza into 6 slices or 8 slices?
yogi: better make it 6 slices ... i'm not hungry enough to eat 8 ...


reporter: yogi, could you comment on the 3 and 3 road trip you just completed?
yogi: i think this thing could have just as easily gone the other way ...

[shanti]

9. oh good grief....

at his age, he should be glad for this! LOL where's his sense of humor?