Battle for Bobblehead Arnie turns brutal

To some, it is a doll toting an assault weapon and sporting a teeth-baring grin. A bit of fun to lighten up dark times, a jest protected by the US Constitution's guarantee of free speech, all for US$19.95.

To one of the most recognizable figures in showbiz and politics, it is an assault on his dignity and reputation and, more to the point, a blatant attempt to make millions of dollars exploiting his likeness.

Now the dispute between a doll manufacturer and lawyers for California Governor Arnold Schwarzenegger has turned serious, with both sides trading insults.

In America, "bobblehead" plastic dolls -- caricature figures a few centimeters high, with an oversize head which bobbles on a spring -- are commonplace. But earlier this month lawyers for Schwarzenegger's film production company filed a lawsuit against Ohio Discount Merchandise claiming that its doll illegally exploits his likeness for commercial purposes.

Lawyers for the dollmaker argue that, as a politician, Schwarzenegger is a legitimate subject for satire and parody.

"If we did the Terminator doll, we couldn't do that," Tami Rike, a spokeswoman for the firm, told the Sacramento Bee newspaper. "But we're doing the Gov[ernor] Schwarzenegger [doll], and that is completely within our rights as American citizens ... He's in the public domain."

Toy company president Todd Bosley rhetorically asked the New York Times: "Do we succumb to threats and heavy-handedness? Or do we stand up for what America really is?"

Schwarzenegger's lawyers initially sent a letter to the company, arguing its actions were "outrageous, malicious and tortious" and demanding "a substantial payment ... as compensation for the damages you have caused." His name, the letter noted, "is worth millions of dollars ... Oak Productions [Schwarzenegger's company] has legal claims against you for compensatory damages in that amount."

But the toy firm responded that its aim was not to make a profit, as much of the money goes to charity. It also argued its actions were protected by the US Constitution.