In the life of famous people, there are times when their popularity successfully turns into a source of additional income. This primarily applies to artists who, for example, have the right to receive royalties for the use of their works. But the famous polymath Anatoly Wasserman found himself in a situation where others received benefits for the commercial use of his image. Wasserman found a way out by going to court.
In December 2011, journalist, political consultant and polymath Anatoly Wasserman filed a lawsuit against the company that produces T-shirts "Onotole". The statement of claim states that the Mary Jane company, without permission, illegally sells T-shirts with the image of Wasserman and the inscription Onotole on the Internet. Prices for these clothes range from 350 to 1000 rubles. In addition to T-shirts, Mary Jane LLC produces stickers for laptop computers and cell phones containing the same image and inscription.
Anatoly Wasserman demanded to recover compensation from the manufacturer for the use of his image, name and pseudonym without proper permission. The amount of compensation payment, according to the plaintiff, should be 500 thousand rubles, another 150 thousand rubles. the defendant must pay as compensation for non-pecuniary damage, as well as pay legal costs.
Wasserman has long enjoyed the popularity of television intellectual battles. His persona is also known on the Internet, where Wasserman became the hero of jokes, cartoons and demotivator pictures. The controversial T-shirts feature an image of a bearded man with glasses and the inscription Onotole, which is the recognized nickname of the polymath in the online community. This is what allowed the plaintiff to assert that his appearance was illegally used in the products of the defendant company, the Interfax news agency reported.
The company that produced the T-shirts tried to prove in court that the product did not depict Wasserman, but a certain collective image. The forensic examination, however, concluded that Anatoly Wasserman is depicted on the T-shirts. By law, the use of a photograph or other image of a person without his permission is prohibited.
In June 2012, the Basmanny Court of Moscow satisfied Wasserman's claim against the Mary Jane company only partially: the defendant must pay the plaintiff 100 thousand rubles. compensation for moral damage and another 10 thousand rubles. - for legal costs incurred by Wasserman during the trial. According to the lawyer of Anatoly Wasserman, the court left the claim for payment of compensation for lost profits without consideration. Whether Wasserman will appeal the decision is still unknown.
