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The jurors determined that Glendale-based Nestle should have paid Christoff $330,000 for the use of his likeness. They also voted to hand Christoff damages equal to 5% of the profit from Taster's Choice sales during the six-year period, or $15.3 million.Nestle USA executives declined to comment. Lawrence Heller, the company's lawyer, said the food and beverage giant would appeal the verdict.
"The employee that pulled the photo thought they had consent to use the picture," Heller said.
Verdict Creates Instant Millionaire
Nestle must pay a model $15.6 million for using his image without his consent. It will appeal.
By Meg James
Times Staff Writer
February 1, 2005
Russell Christoff was standing in line at a Home Depot in the spring of 2002 when a woman leaned over and said, "You look like the guy on my coffee jar."
Christoff smiled. The Northern California model had been recognized before after appearing in corporate training films and landing a few movie and TV roles. He had even hosted his own program for public television, "Traveling California State Parks."
But Christoff had never appeared on a coffee jar or so he thought until several weeks later.
That's when Christoff, shopping for bloody mary mix at a Rite-Aid store, happened to come face to face with himself on a label for Nestle's Taster's Choice.
