Gov. Arnold Wants Toymaker to Lose Head

05/05/2004 at 09:00 AM EDT

Gov. Arnold Wants Toymaker to Lose Head
Arnold Schwarzenegger
Dane Andrew/ZUMA
Off with his head. That's the demand from California Gov. Arnold Schwarzenegger, who's suing an Ohio bobble-head doll company which he claims improperly used his image for a toy plastic doll, the Associated Press reports.

The firm that handles the former actor's image, Oak Productions Inc., "does not permit Schwarzenegger's name, photograph, likeness or voice to be used on commercial products, on packaging of commercial products or in advertising for commercial products or services" unless authorized, Schwarzenegger's side claims in documents filed Friday in Los Angeles County Superior Court.

The dolls' makers were served on Tuesday, and their side contends the elected official is a public political figure and can no longer control his image.

"He's no different than any other politician," said Todd Bosley, an owner of Ohio Discount Merchandise Inc., which has produced a variety of bobble-head figures of other public officials.

Schwarzenegger's lawyer, Martin Singer, did not return calls seeking comment.

One legal expert, Los Angeles attorney Robert N. Benjamin, however, tells AP about any alleged theft of Schwarzenegger's right of publicity: "This will depend on what it is people are buying: a bobble-head of Schwarzenegger like they would buy one of Britney Spears, or is the bobble-head making a political statement – which would be protected by the First Amendment."

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