SAN JOSE – The commander of the Apollo 15 space mission alleges his image was used on marketing for a watch without his consent.
Col. David Randolph Scott filed a complaint on Jan. 27, in the U.S. District Court for the Northern District of California, San Jose Division against Bulova Corp., Sterling Jewelers Inc., doing business as Kay Jewelers, and Does 1-99,
negligence, false designation of origin, false advertising and other counts.
According to the complaint, the plaintiff alleges that the defendants used plaintiff's worldwide recognition as one of a few to have walked on the moon as a pilot and commander of the Gemini/Apollo missions, including the unlawful use of his name and photographs on the moon in his NASA space suit, for defendants' marketing campaigns without consent or authority from plaintiff. The suit states the defendants used his image to market the Bulova Special Edition Moon Chronograph watch.
The plaintiff holds Bulova Corp., Sterling Jewelers Inc. and Does 1-99 responsible because the defendants allegedly invaded plaintiff's rights of publicity and privacy, caused deception to consumers that their product is being endorsed by plaintiff, and obtained profits at the expense of plaintiff's reputation, prestige and goodwill.
The plaintiff requests a trial by jury and seeks judgment against defendants; injunctive relief; general, special, non-economic and punitive damages; recovery of amount to which defendant was unjustly enriched; interest; costs of suit; attorneys' fees; and further relief as the court deems just. He is represented by Robert L. Mezzetti II, Maureen Pettibone Ryan and Christopher R. Mezzetti of Mezzetti Law Firm Inc. in San Jose.
U.S. District Court for the Northern District of California Case number 5:17-cv-00436