Bodybuilder Drops Heavy Lawsuit on NBC's Conan O'Brien Over Clay Aiken Joke

Posted by Eriq Gardner

Conan O'Brien shouldn't mess with bodybuilders. NBC Universal was sued yesterday after the "Late Night" host used a picture of champion bodybuilder Dennis "The Menace" James to tell a joke nearly two years ago.

According to the complaint, filed by attorney Steven Sokoloff in Los Angeles Superior Court, O'Brien "showed a Christmas Card which featured the face of 2003 American Idol runner-up, Clay Aiken, smiling on the right side of the card, and the phrase 'All I want this year is a White Christmas' on a fold out flap on the left side of the card. O'Brien then opened the left side of the card to reveal the punch line, '...And a Black Body Builder,' above which was a photograph of Plaintiff posing at the 2004 IFBB Mr. Olympia Competition."

James helpfully attaches several photos of himself to the complaint, as well as the offending prop from "Late Night." The photocopy job is pretty grainy, but they're worth checking out. He's seeking general, special, and punitive damages on claims of misappropriation of image and likeness, misappropriation of right of publicity, unjust enrichment, and quantum meruit.

The case reminds us of a great NY Times story detailing how NBC lawyers quickly jumped into action to register the domain name www.hornymanatee.com after O'Brien mentioned it as an ad lib on the show. The fear was that someone could register it surreptitiously, put inappropriate content there, and NBC could be liable. Now the network sells Horny Manatee t-shirts on the site.

Interestingly, one of the most famous misappropriation cases involved another late night talk show host. In the early 1980s, Johnny Carson successfully sued a toilet maker called Here's Johnny Portable Toilets Inc. for taking his show's signature catchphrase.

 

Comments

[toby's mom]

I think Mr Aiken should sue Conan as well. Might make him think twice before making tasteless and crass jokes. Then again, Conan probable loves the free publicity he's getting at the expense of others.

[toby's mom be trippin]

Aiken sue Conan for what? Joking about him? LOL
His suit would get tossed out as fast as the bodybuilders will be. Parody is protected by the first amendment.

[Whey protein online]

Conan is an idiot and deserves everything he gets.

[John Smith]

Conan is super idiot. I don't understand how NBC brings someone who's jokes aren't even good for middle school students to host this show. Wait and see the rating of the program drops within a year.