Image Use Results in Lawsuits
By GABE WELLS Staff WriterMOUNDSVILLE - Patrick Tribett's gold-faced image has gained worldwide notoriety, making an appearance on a billboard in Europe and also on T-shirts, and coffee mugs and other items.
Now, Tribett and his attorney, New Martinsville resident H. John Rogers, are suing several companies for illegally profiting from his image.
Rogers said he is preparing lawsuits against Amazon.com, Getty Images, Hot Toys Ltd. of China and Cafe Press Corps of California. The attorney said each of those companies used Tribett's image without his consent and for financial gain.
Rogers said one of those companies, Cafe Press, stopped selling T-shirts bearing Tribett's image after Rogers sent them a cease and desist letter.
"That image has run on billboards in Europe," Rogers said. "They took a mugshot and used it for their own financial gain. I sent (Cafe Press) a letter, and they pulled a lot of (merchandise bearing Tribett's image) off the Internet. There definitely will be a lawsuit filed, and it will be filed in the Northern District of West Virginia."
Tribett received national publicity in 2005 after being arrested by the Bellaire Police Department.
He was intoxicated while purchasing gold spray paint in a village business and placed under arrest, but it was his mugshot that earned him a certain level of fame. The lower half of his face was covered in gold paint from inhaling the toxins.
Rogers said Tribett has been sober for the past eight weeks. He said his client has made an amazing turnaround.
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clarity
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11-30-09 5:57 PM
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Weird, I thought the law was pretty direct on mug shots. Person cannot make money off his crime (tribett), and the mug shot is a public domain image. If anyone could sue it would be the person who took the photograph since he would own said image. Maybe I mieed the law on this one?
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Graysongs
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11-29-09 9:03 PM
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DiesIrae - I'm quite certain Herb Rogers couldn't care less whether his client huffs himself to death with his share of the money. Herb cares only about his own share of the money. Oh, yeah, and "justice". LOL
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ChipCarte
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11-29-09 7:33 PM
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Just another scrum dumb lawyer trying to snake his way to another paycheck, so he can live the high life off others.
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boxerboy
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11-29-09 7:08 PM
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Pickles, I agree with you in all respects. No profit for bad behavior, period. Tribett is a carbuncle on the arse of society and John Rogers is a polyp in the colon of that arse.
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pickles
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11-29-09 6:33 PM
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I hope he stays sober, but I also hope he is not rewarded for years of addiction and notoriety for basically failing at life. I don't think it is right for some of these places to profit from his "misfortune", but I do not want to see this guy, or his lawyer, make any money for criminal behavior. The only worthy outcome for this lawsuit, IMO, would be to set up a fund for treatment, but No MONETARY REWARD for this behavior.
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corgitoy
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11-29-09 5:54 PM
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I don't think Tribett's image was copyrighted by either him or his Lawyer, and once arrested, he became a public figure, and since the mug shot was a public document, there will be no chance of a lawsuit being successful. It's not like the estates of Elvis Presley, Marilyn Monroe and Albert Einstein, all of which make quite a bit of coin from their images.
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TrollSlayer
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11-29-09 1:16 PM
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Let’s see… huff a little paint, catch a little buzz, pose for the camera, get famous, find a sleazy lawyer, sue, easy street. This Tribett guy is a freakin’ genius! I smell a hit reality TV show…
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JamesT
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11-29-09 12:46 PM
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Lawyers have sued McDonald's sandwiches claiming thesy are unhealthy. Schiesters sued for hundreds of billions ove rtobacco and lined thier greasy pockets with barely any money going to the cause they claimed. Call em douchebags or what ever. People from biblical days dis***** lawyers are corrupt greedy lil wiesels.
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EllisWyatt
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11-29-09 9:31 AM
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The mugshot may be public information but the use of one's image for commercial gain is not. Even Charles Manson gets money from those stupid "Charlie Don't Surf" T-Shirts. I hope that Tribett gets a great deal of money from these people.
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DiesIrae
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11-29-09 8:03 AM
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Oh, Herb. While I strongly support Patrick's efforts to rehabilitate himself, I'm sure you know that cash + addict = problems. Perhaps the unauthorized use of his image is a consequence of his addiction, from which he should not profit.
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meyers
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11-29-09 7:50 AM
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What are you trying to do make him a hero and a role model poster boy. What a joke
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Wondering
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11-29-09 6:29 AM
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Sorry, but a mugshot is a public record. Anyone can do with it whatever they wish. If Mr. Painthuffer didn't want that photo to become public, obeying the law would have prevented it. A criminal isn't supposed to benefit from his crime.
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trolll
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11-29-09 4:21 AM
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I agree that Tribett should sue these people. His crimes have not be of the notorious ilk, but are crimes only because the State says they are, and are more self-destructive than against soiety. The bigger companies especially should have known better. They have legal teams that are knowledgable about licensing rights, and should have sought his permission before selling items bearing his likeness. I hope Tribett gets enough money that he can finally get the help he needs to kick his habits. Rogers, on the otherhand, just smells a meal ticket, and I wonder how much of the cash settlements he will siphon off...
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