Getbig.com: American Bodybuilding, Fitness and Figure
Getbig Main Boards => Gossip & Opinions => Topic started by: abz on March 20, 2007, 03:34:46 PM
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Bodybuilder Jay Cutler sues supplement firm for using likeness
LOS ANGELES - A judge ordered trial in champion bodybuilder Jay Cutler's lawsuit claiming a nutritional supplement company used his image without permission.
Cutler filed a Superior Court suit on July 6, 2006, against Omaha, Neb.-based NDS Nutritional Products Inc. alleging misappropriation of image and likeness, invasion of privacy and unjust enrichment.
Superior Court Judge Paul Gutman on Tuesday denied a defense motion alleging Cutler wasn't the image depicted and the case was ordered for trial. A trial date wasn't set.
Cutler, 33, of Las Vegas is the reigning Mr. Olympia.
The lawsuit alleged NDS used an image of a photograph of Cutler taken at a bodybuilding contest and placed it on its products without paying him or getting his permission.
NDS attorney Michael M. Molinaro claimed the image wasn't Cutler.
"It's not Mr. Cutler, it's a computer-created image of a fanciful person who resembles no person on earth," Molinaro said.
The suit said the image was indisputably Cutler, who has granted a license to use his image to a number of bodybuilding-related companies.
The judge dismissed a fraud claim filed by Cutler attorney Roger Y. Muse and the judge denied a motion seeking punitive damages, although Muse was told he could amend the complaint, Muse said.
Cutler has won three consecutive Arnold Schwarzenegger Classic contests and he placed second for three consecutive years in the Mr. Olympia competition before winning the title last year, the lawsuit states.
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Is it this "picture"? All their products have the same graphic...
It doesn't look like Jay, the arms in the picture have too much definition :P
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"It's not Mr. Cutler, it's a computer-created image of a fanciful person who resembles no person on earth,"
Case closed.
If it was really Jay, it would look like this guy...
(http://www.supanet.com/media/00/08/72/barney_108.jpg)
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Jay's my favorite bodybuilder, but this seems pretty desperate and far-reaching to me.
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i don't think it is reaching at all. companies make money by using athletes pictures or likeness to sell there products. it only stands to reason that jay would want to make money off of his own likeness.
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Jay's my favorite bodybuilder, but this seems pretty desperate and far-reaching to me.
Business is business...Jay's a business man!
You're ordinary 300 pound ripped business man ;D
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i don't think it is reaching at all. companies make money by using athletes pictures or likeness to sell there products. it only stands to reason that jay would want to make money off of his own likeness.
Look at the image... no one looks at that and thinks "Jay Cutler". No head, upper right-side of torso only? Even if it was cut from a pic of Jay, nobody would think it's him, and they could very well be telling the truth about it being computer-generated to begin with.
(http://www.getbig.com/boards/index.php?action=dlattach;topic=135785.0;attach=151916;image)
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Case closed.
If it was really Jay, it would look like this guy...
(http://www.supanet.com/media/00/08/72/barney_108.jpg)
More like this guy...
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Shouldn't the refrigerator company be sueing Jay for copying thier product.
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Shouldn't the refrigerator company be sueing Jay for copying thier product.
The other way around.
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i believe the image in question is gone. they took it off when he filed for lawsuit. i remeber the image and it was basicly jay cutler painted green i believe. madmax posted the pic last year.
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Jay is a professional BB, he makes his living competing and selling his image for companies, and the products they sell. His body. or portions of...ARE his image...I don't care if his face is on there or not...if it's him, it's him.
I'm not familiar with this company, or the image they used...it might very well be jay. If it is...he needs to be compensated, not just for himself, but also in reference to the companies that DO pay Jay for the right to use his image/ likeness...
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Jay is a professional BB,
ow, i didnt know that
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hahaha
Barney Rubble and Jay are twins! :)
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I never saw that tub of protein before but I myself bought a box from NDS's website and IT IS Jay on it, it's a shot from the Ironman 2003 and the reason we even know about this whole case is because an ex employee of the company alerted us of this case. These guys are screwed!
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This company was also in trouble with the FDA years ago for not putting the nutrional/supplement facts on their "release" product.
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Jay's my favorite bodybuilder, but this seems pretty desperate and far-reaching to me.
I agree. When your job involves taking something illegal everyday to endorse a product, court is the last place I'd want to go. Even if it is just civil court. But then again he sued the IFBB and won, but personally I wouldnt make a habit to get lawyer happy in this sport.
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in my opinion it DOES look like him
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This company was also in trouble with the FDA years ago for not putting the nutrional/supplement facts on their "release" product.
These are the same owners of a previous company that had another problem with Jay.
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the company was wise not to show the size of jay's head and jaw in the pic.
(it's best not to frighten potential consumers.)
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I read a good interview today where Jay really opened up.
(http://home.austin.rr.com/dmovingsale/t%20man%20052.jpg)