Lawyers and Arnold Schwarzenegger

The governor of California may have given up toting his machine guns and belts full of bullets, but now his face is public domain.  Arnold Schwarzenegger has learned that being a celebrity does have some benefits.  Some of these benefits end when you become a political figure.  One of those is the fact that your image is now considered public domain.

When the fight started back in 2004 over a bobble head doll being created in the Schwarzenegger image, lawyers and Arnold Schwarzenegger demanded that production be stopped.  They were ready to file a lawsuit.  The Canton, Ohio company held their ground.  The doll is still in production.  Both sides came to an agreement.

Lawyers are needed to protect the rights of companies and individuals.  However, there are times when the idea of a lawsuit is just too frivolous.  For instance, in the above case, other politicians have had their dolls presented and were very pleased.  Toby Bosley, from the Ohio Discount Merchandise company, stated that Hillary Clinton even autographed hers.  It just shows how some people feel the power and others try to use it. 

Having an attorney on your side can actually be an advantage.  There are times when the common lay person does not know his or her rights.  An attorney can represent them and educate the person on what can and can not be done.  With an attorney you can learn your rights.  Sometimes these rights do get violated.  For instance, the lawyers and Arnold Schwarzenegger would have had a case if Schwarzenegger had not been a political official.  They would have even been able to sue if he had just been some “John Doe” off the streets.

The laws can be very hard to decipher on your own.  This is why there are times when you are referred to an attorney (Rechtsanwalt).  You may have heard the expression “right to legal counsel”.  This is because in a court of law, you are always allowed legal counsel.  There are times when it is not necessary, for instance when you have a traffic ticket.  Then again, if it were a DUI, you may want that lawyer.

In the case of the bobble head dolls, the lawyers and Arnold Schwarzenegger thought they had a cut and dried case.  They felt they were in the right. The first letter submitted to the company shows this in very strong wording.  The letter ordered the company to “cease and desist” any of it's sales of the dolls, threatening that to continue would be at the company's own peril.  Strong words for someone who really had no leg to stand on.  That is what happens when an attorney (Rechtsanwalt Hagen) is involved.  Had the company's owners been less knowledgeable about the law, this ploy may have worked.

As it stands, the company continues to make the dolls. The lawyers and Arnold Schwarzenegger came to a mutual agreement which satisfied both sides.  The dolls are available.  Every one is happy.  With the right attorney you can protect your rights, no matter how someone wants to violate them.