Expensive label …
An U.S . Court in Glendale / California has awarded $15.9 million to a Northern California man whose image appeared for years on the label of the popular Nestlé brand Taster’s Choice, an instant coffee manufactured by Glendale-based Nestlé USA. The company was ordered to pay Russell Christoff, a former model, for using his image without consent on the label for Taster”s Choice coffee, according to a Los Angeles Times report
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. Russell Christoff posed for a two-hour photo session with the company in 1986 but he had no idea his image was going to be used on a product label for freeze-dried coffee sold in countries across the globe, including the U.S., Mexico, South Korea, Japan, Israel and Kuwait. If Nestlé had intended to use his picture for any other purposes, it should have gained consent first, court documents said. The company did not do so. Judge Charles Stoll based the award on 5% of the company”s profit from Taster”s Choice sales from 1997 to 2003. Nestle officials vowed to challenge the ruling. “Nestlé USA obtained the photograph from a sister company and believed we had permission to use the photograph,” an official statement from Nestlé said. Early on, the company made an offer to settle out of court for $100,000, but Christoff refused. In July, Christoff made a settlement offer of $8.5 million, but the company refused. During trial, which began Jan. 10, the company argued that Christoff was not the man on the label, that it had rights to use the photo, and that since he was “a nobody,” the use of his picture as the taster has nothing to do with sales, so he has no claim to profits, according to documents.
Source: Los Angeles Times
