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June 29, 2009

Closing Bell: Obama Pitching Myrtle Deli

obama-deli-0609.jpg
Clinton Hill blog has a photo of the signage going up for the new Obama deli on Myrtle Avenue between Clinton and Vanderbilt Avenues. Can they really use the President's likeness to pitch their business?




Posted by Brownstoner at 4:00 PM | Comments (39)
Categories: Clinton Hill, Streetlevel

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No they can't... and this website will accelerate the cease and desist order and the $$ required to take down/replace their awning.

Posted by: tybur6 at June 29, 2009 4:07 PM

the 'hood will make them take it down, like they already did with Obama Fried Chicken.

Posted by: denton at June 29, 2009 4:09 PM

Maybe the owner's name is Obama and looks just like the president? :)

Posted by: Mrs. Limestone at June 29, 2009 4:10 PM

Does anyone really know what Obama likes and dislikes to eat???

Posted by: daveinbedstuy at June 29, 2009 4:10 PM

I think Yummy should be upset that the place nextdoor uses her name.

Posted by: daveinbedstuy at June 29, 2009 4:11 PM

more evidence that housing prices should start trending back up pretty soon. score, team bull.

Posted by: joe_the_bummer at June 29, 2009 4:11 PM

Why aren't there any Joe Biden bars???

Posted by: daveinbedstuy at June 29, 2009 4:14 PM

aww, it's kind of cute.

Posted by: newhomer at June 29, 2009 4:15 PM


Can I have a pack of Newport, Mr. President?

Posted by: East New York at June 29, 2009 4:24 PM

You smoke Newport, ENY. What a wussie. :)

Posted by: daveinbedstuy at June 29, 2009 4:26 PM

How, there's a stupid buisness owner. I'll really enjoy seeing the duct tape over the sign for the next 10yrs.

Posted by: FloatingWorld at June 29, 2009 4:37 PM

Maybe they are just looking for a little bit of that TARP money.

Posted by: Xander Crews at June 29, 2009 4:37 PM

I think public figures are fair game when it comes to slander and use of image/name. you can sell all the obama t-shirts you want without any legal problem; there is no need to acquire a license, as there would be if you wanted to put a yankees logo on them. Isn't the same thing true for naming stores? Why not? Any lawyers out there?

Posted by: joe_the_bummer at June 29, 2009 4:37 PM


Exactly why would that make me a "wussie" Dave?

Posted by: East New York at June 29, 2009 4:39 PM

I wonder how much that awning and sign cost to make. It would have been much more efficient and painless had they taken said cash and just lit it on fire. That's gonna have to come down.

Posted by: InsertSnappyNameHere at June 29, 2009 4:45 PM

what is this thailand? is it really illegal to use the president's image?

Posted by: bodhi_brooklyn at June 29, 2009 4:46 PM

Public figures are fair game to a certain extent...don't have the time to quote all the law on it...

When it comes to presidents, no dice. The secret service will be all over their @sses. I'll put $10 up that it will be gone by 7/10

Posted by: InsertSnappyNameHere at June 29, 2009 4:47 PM

Newports smell like a Jersey tire fire.

Posted by: DitmasSnark at June 29, 2009 4:49 PM

hey. i smoke newports! and dipster, i still want my pack back!!!


*rob*

Posted by: PitbullNYC at June 29, 2009 4:59 PM

I google researched it for 10 minutes and I think I originally had it wrong. It would be a violation of Obama's "right of publicity" to control the use of his own image. the claim would be valid because 1) easy to show name and likeness was used, 2) easy to show it was for a commercially exploitative purpose (a store), and 3) easy to show there was no consent.

source: Citizen Media Law Project http://www.citmedialaw.org/legal-guide/using-name-or-likeness-another

So... if that only took ten minutes, I guess I'm putting this store owner in my Brooklyn Cranial All-Star Team with the guy who bought the condo for 800/sq foot in Bed Stuy.

Posted by: joe_the_bummer at June 29, 2009 5:00 PM

Snappy, here's devil's advocate: race card. based on the address and the content, it's probably a black-owned business, and anyone can read an expression of racial pride into it (which is a good thing, don't get me wrong). I don't think Obama, brilliant politician that he is, wants to side with The Man on this one.

I will take your $10 bet if you move it up to 7/5/09.

Posted by: joe_the_bummer at June 29, 2009 5:08 PM

so that takes the store owner off of my sarcastic cranial all-star team, and puts him on my real one, because he KNOWS Obama has to react this way, and he is a total Jedi and he's going to ride this Obama store thing right to the bank.

Posted by: joe_the_bummer at June 29, 2009 5:11 PM

I think the use of his name may be ok, but the store may run into most trouble if they did not get the rights to the image from the photographer. I believe the former owners of the William Howard Taft All-You-Can-Eat Buffet and Brewhouse had similar issues.

Posted by: Gogo Gowanus at June 29, 2009 5:13 PM

joe- I think the President will look at this image and think: You are so not using my image to sell sliced lunch meat, cigarettes and beer. It would be the same if the deli owner put up an awning with Michael Jackson on it- he has no right to use MJ's image for his own personal business. As it is, I believe the President did copyright his image to prevent misuse- that is for someone to use for their own personal gain. Artist use is different. We'll be seeing tee shirts for a long time to come.

Posted by: bxgrl at June 29, 2009 5:15 PM

is it a bodega or a faudega tho?

*rob*

Posted by: PitbullNYC at June 29, 2009 5:16 PM

The president himself will not likely be involved in this, may never learn of it nor see it. THe sec. svc will take care of it. They don't go to him for every instance like this and say, what do you wanna do with this one?

Posted by: InsertSnappyNameHere at June 29, 2009 5:21 PM

Joe, let's split the difference and go for 7/8

Posted by: InsertSnappyNameHere at June 29, 2009 5:25 PM

I can't believe the guy would waste that money on what will be an ephemeral awning - he must've known about the chicken place. Perhaps he is astute & wants the publicity he'll get & has a giant "M" somewhere to change it instantly into O'Mama Deli but I doubt it.

Posted by: Arkady at June 29, 2009 5:34 PM

If he changed the name to "Yo Mamma Deli?" I'd patronize :)

Posted by: InsertSnappyNameHere at June 29, 2009 5:39 PM

Umm, free speech? He's a public figure, after all. I don't the Secret Service gets involved with grocery store advertising!
People use Jesus and MLK Jr. and George Washington and Abraham Lincoln to sell stuff -- why not Obama?

Posted by: zuleika at June 29, 2009 5:47 PM

This place is toast. Remember the smackdown that was issued to Sixpoint for their Hop Obama brew? Using the president's name or likeness for profit is a major no-no.

http://tinyurl.com/c65hwc

Posted by: MotoGP at June 29, 2009 5:49 PM

btw the blog Gingervision had the scoop on this on Friday and Gawker picked it up (as we were informed when we wrote about it this morning on The Local).

Posted by: andynewman at June 29, 2009 5:53 PM

Ah, "retail impairment." Our favorites, awhile back, were opposite one another on Coney Island Avenue and Beverly Rd. or so: "Kentucky Fried Chicken" opposite an all-night "11-7." Oddly, there was (and is) a real KFC a block away, and not surprisingly, the chicken joint must've gotten a call from a lawyer...at which point they pulled out, yes, duct tape, and changed it to "Kantacky Fried Chicken"! The "11-7" is still there. There are plenty of members on the Cranial All-Stars team.

Posted by: Brenda from Flatbush at June 29, 2009 6:07 PM

OK. In that case, I WANT THAT SIGN!!!!

Snappy, you're on. If the sun shines on Barack's smiling face on

Posted by: joe_the_bummer at June 29, 2009 8:05 PM

OK. In that case, I WANT THAT SIGN!!!!

Snappy, you're on. If the sun shines on Barack's smiling face on 7/8, it's 10 for Joe.

Posted by: joe_the_bummer at June 29, 2009 8:16 PM

"Yes, We Have Cans!!!"

I'm working from memory, but you can't use the president's image to sell things. MotoGP recalls correctly about the beer issue. There will be ca call from the Secret Service.

You can't copyright a face, only an image (or words, of course). I suppose one could trademark his or her face. But in New York, there's also a right to one's own publicity. So I can't take someone else's face or name, and use it to sell something.

Posted by: ProfRobert at June 30, 2009 10:30 AM

Let me provide my legal analysis. Arguably this violates the President's "right of publicity" (i.e., an individual's right to control and profit from the commercial use of his/her name, likeness and persona). Whether he is a public figure does not figure in this analysis like people suggests (I think folks are confusing a related legal concept, the "right of privacy", which affords less protection to public figures than non-public figures). There is also a question of whether the bodega owner violated the copyright of owner of the original picture of the President.
As a practical matter, it would require the white house to actively police the use of the name and likeness of the President and I am not sure that the White House is doing so based on the millions of pieces of BHO paraphernalia that I can buy on any corner in NYC.

Posted by: crispusattucks at June 30, 2009 11:09 AM

So tacky and undignified. Somebody should open a deli across the street named after the guy who owns this Obama deli and put a big photo of his grinning face on the awning. See how he likes it.

Posted by: traditionalmod at June 30, 2009 11:31 AM

Did anybody ever see the "Dodi and Di" Deli in the East Village, popped up right after Princess D bit the dust? Now THAT was a classy move.

Posted by: rabbit at June 30, 2009 12:49 PM

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