Berle plans to re-file defamation suit
Case against Century 21 dismissed
Berle sued in June in U.S. District Court in Los Angeles over the unauthorized use of his photo in a real estate advertisement in the spring/summer 1998 edition of Lambda's Out!, a resource guide for the gay community. The advertisement featured a famous old photo of Mr. Television in Carmen Miranda regalia, complete with fruit headdress and makeup. The caption read: "Our team of friendly professionals know how to cater to royalty -- after all, every queen deserves a castle."
The suit alleged violations of rights of publicity, the Lanham Act, unfair competition and defamation. The basis for the defamation claim was that the depiction of Berle would lead the viewer to conclude that he is a homosexual, and while the 91-year-old comedian "respects the rights of others in the pursuit of their own individual sexual orientation," Berle is a heterosexual and does not wish to viewed as a homosexual.
U.S. District Court Judge Alvin Matz dismissed the suit on Monday, after finding that it was inappropriate to try the case in California.
Berle's attorney, David Pierce said, "Obviously, it will be somewhat inconvenient for us to try this case in Illinois. However, the merits have not changed."
