Todd Duffey in "Office Space."
The actor who played the character "Chotchkie's Waiter" in the 1999 cult movie "Office Space" is suing the maker of "Box of Flair," alleging unauthorized use of his photograph to market the product (Todd Duffey v. Perseus, L.L.C., et al., No. 13 CIV 1354, S.D. N.Y.).
In the film, Todd Duffey portrayed an overly cheerful employee of the fictional restaurant Chotchkie's, where workers were encouraged to wear at least 15 pieces of "flair" on their uniforms. The Office Space Box of Flair is a book and a box of buttons marketed toward fans of the movie.
Duffey, an actor living in Los Angeles, on Feb. 28 filed a lawsuit in the U.S. District Court for the Southern District of New York against Perseus LLC, a New York book publisher, alleging that Perseus manufactured and sold merchandise that used Duffey's photo without his authorization. The complaint says that the Box of Flair contains a book and 15 "flair" buttons. It says Duffey's photo is on the front of the box and on one of the flair buttons.
"The Defendants' use of the Plaintiff's photograph is likely to cause confusion, mistake or deception as to: (i) the affiliation, connection, or association of the Plaintiff to the Defendants; and/or (ii) as to the origin, sponsorship, or approval of the Defendants' goods, services or commercial activities by the Plaintiff," it says. "The Plaintiff has been and is likely to be damaged by the Defendants' manufacture and sale of the Box of Flair using his photograph."
Duffey is represented by Randall S. Newman of New York.
Click here to read or download the complaint.
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