Sep 22, 2024

“Borat” Actor Sparks Copyright Lawsuit Over Cannabis Billboard Ad

by Nadia El-Yaouti | Jul 18, 2021
Sacha Baron CohenJordan Strauss/Invision/AP Photo Source: Sacha Baron Cohen (Jordan Strauss/Invision/AP)

The legendary actor and comedian Sacha Baron Cohen is suing cannabis company Solar Therapeutics for $9 million in damages after they displayed him as one of his most recognizable characters, Borat, on a highway billboard.

Cohen, along with his California-based company, Please You Can Touch LLC, filed the lawsuit against the cannabis company and its owner Edward Dow III on Monday in Massachusetts federal court. The complaint claims that the Massachusetts-based company infringed on his copyrights after they used his image and likeness without his permission and plastered it on an intersection of one of Massachusetts’ busiest highways. The lawsuit also claims that the cannabis company was falsely advertising and misappropriating his rights of publicity.

The billboard in question features the famed actor and comedian in his iconic Borat character. Along with his image as Borat, the billboard uses one of Borat’s most popular phrases “It’s Nice!” The phrase was written in bold letters along with the company’s salute, “Happy 4/20,” a reference to a socially recognized holiday celebrating the recreational use of marijuana.

In the complaint, Cohen and his team explain that the actor is very protective over his image and that the use of his image in the billboard has the potential to “weaken his credibility as an actor and a serious social activist.” The complaint explains, ​​“By use of the billboard, the defendants falsely have conveyed to the public that Mr. Baron Cohen has endorsed their products and is affiliated with their business.” The complaint adds, “To the contrary, Mr. Baron Cohen never has used cannabis in his life. He never would participate in an advertising campaign for cannabis, for any amount of money.” The complaint goes on to emphasize that Cohen would never advertise marijuana because he “does not believe it is a healthy choice.” The lawsuit defends his claim over his tight protection over his image by pointing to a $4 Million deal that the actor turned down to appear in a car commercial.

Cohen also brings in his faith-based opposition to being associated with the marijuana endorsement. The suit states that as an observant member of the Jewish faith, Cohen wants to steer clear of being “involved” in a “heated controversy among the Orthodox Jewish community about whether cannabis can be used under Jewish traditions, customs, and rules.”

A representative of Solar Therapeutics responded to a request from the New York Post about the lawsuit. The rep shared with the Post, “Upon receipt of the cease and desist letter from Mr. Cohen’s legal counsel Solar immediately requested that the sign company remove the billboard in question. As there is an active case before the court, we have no further comment at this time.”

As part of the $9 million lawsuit, Cohen is seeking trebled statutory damages plus actual and punitive damages and disgorgement of profits attributable to the billboard after what he described as a “willful” use of his image and likeness. The complaint expresses that the company took a gamble when they used his image in hopes that the globally recognized actor and comedian would not realize it.

Cohen, who is no stranger to lawsuits because of his controversial antics that poke fun at some of the nation’s most prominent politicians and celebrities, filed his complaint almost one year after the release of his controversial mockumentary, Borat Subsequent Moviefilm. The mockumentary was released on Amazon Prime Video and has since received a slew of praise and criticism, especially for its portrayal of Rudy Guiliani. The film helped earn Cohen a Golden Globe award for Best Comedy or Musical film in 2021. The comedian also nabbed his first Academy Award for Best Supporting Actor in his role in the film The Trial of the Chicago 7.

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Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.