December 1958, Lestoil cleaner, no. 3 in a series of commercials starring Sid Raymond. See below for more information.
Sid Raymond provided the cartoon duck's voice in this television commercial, which was the subject of a pioneering court ruling involving publicity rights. Entertainer (and Cowardly Lion) Bert Lahr sued Lestoil maker Adell Chemical Co. claiming that he had developed a distinctive and original voice and vocal comic delivery style which was readily identified and recognized as his, that the cartoon duck in the commercial imitated his voice and listeners believed the cartoon duck's voice was actually his own, and that this damaged his earning capacity and professional stature.
The originating court dismissed the case, finding that Lahr failed to allege a legitimate cause of action. The court noted, among other things, that voices and comic sounds are not copyrightable. See Lahr v. Adell Chemical Company Co., 195 F. Supp. 702 (D. Mass. 1961). Lahr thereupon appealed the court's decision.
The appellate court disagreed with the originating court, finding that Lahr's claims might be actionable based on the law of unfair competition and the novel concept of publicity rights. The court humorously noted, however, that even if the cartoon duck was actually a cartoon "mockingbird", imitation alone was not a legitimate cause of action. The court thereupon sent the case back to the originating court for further proceedings. See Lahr v. Adell Chemical Co., 300 F.2d 256 (1st Cir. 1962).
Apparently, the parties thereupon settled their dispute out of court and no further court decisions regarding this particular case were issued. However, the appellate court decision has been cited in a number of subsequent celebrity vocal rights lawsuits, and described by a number of legal commentators, regarding its precedential value.
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