Shatner points a phaser at Television City developer
WHEN ACTOR WILLIAM SHATNER fired a photon torpedo across his bow, Toronto developer Brad Lamb’s shields were down.
Lamb said the “Star Trek” captain’s objection to his name and likeness being used to promote his towering Hamilton condo project caught him by surprise Wednesday. “Yes, it did.” So after learning of Shatner’s sentiment on Twitter, Lamb responded at warp speed to remove references to the Canadian actor on Television City sales materials.
“We’ve immediately changed every item in our sales office, the website and the literature.”
Shatner lit up social media after addressing Lamb about his development.
“Mr. @Brad Lamb it has come to my attention you are using my name & caricature likeness in your brochures to sell real estate.”
“I do not recall giving you permission to use my name or likeness,” he adds.
The Montreal-native then points out other suites for the Jackson Street West project are named after television stars, noting Mr. T, Don Johnson, Betty White and Henry Winkler. Shatner was in Hamilton in 2015 filming an episode of “Murdoch Mysteries” where he played Mark Twain.
Shatner wasn’t available for comment Wednesday.
“Unfortunately Mr. Shatner is in production and unavailable. He’s not back in the office until early December,” Paul Camuso wrote on his behalf.
Lamb’s $360-million Television City envisions two condo towers — 40 and 30 storeys — at the site of the CHCH TV building in the heart of the Durand neighbourhood.
Sales for the 618-unit project started earlier this month with prices running from about $220,000 to $1 million.
Lamb said his idea was to honour his favourite television personalities.
“No offence to William Shatner. I love the guy. He’s one of my favourite actors.” to.Blogger and author Lesley Ellen Harris says the developer’s use of Shatner’s name isn’t a copyright issue.
“It wouldn’t be because it’s a name. Copyright doesn’t protect names,” said Harris, a graduate of Osgoode Hall Law School in Toron
But Toronto-based entertainment lawyer Susan Abramovitch suggests such unauthorized use could be considered misappropriation of personality in Ontario law.
“Using his name or likeness to sell a product or service is something that the courts, I think, would not look kindly on,” said Abramovitch, whose firm is Gowling WLG.
If Shatner’s name were just used to name a suite, his case might not be that strong, she said.
But using the caricature image on marketing material is different.
“If it’s identifiable as him and it’s being put on pamphlets and posters, they’re definitely in a dangerous spot, even more so than naming the suite after him.”
Until about 9:30 a.m. Wednesday, the caricature images of several television celebrities had appeared in floor plans on the walls of the Television City sales office, Lamb noted.
The William Shatner suite was listed as a 1,370-square-foot, twobedroom unit with a balcony priced at $1,230,000.
A unit named after longtime game show host Bob Barker was a considerably more modest 369square-foot studio with a balcony for $234,400.
Abramovitch said the correct way to use a celebrity’s name and likeness is to ask first. “You negotiate a deal and pay for it.”
Lamb said he didn’t seek legal advice before going with the celebrity theme. “To be honest with you, if we had considered that, I wouldn’t have done it.”
Reaction on social media to Shatner’s tweet was swift.
“Dammit, Jim. I’m a Real Estate Agent, not an intellectual Property Expert!” Steve B wrote, channeling DeForest Kelley’s cranky Dr. McCoy.
Jason Gilbert figured Andy Griffith didn’t deserve a larger suite than Shatner. “A sheriff gets bigger living quarters than a starship captain?”
When Trekkies saw the 86-yearold Shatner was trending on social media, they thought the worst.
But then expressed relief he would continue to live long and prosper, to quote a Vulcan salutation.
“Stand down red alert. Return to course,” Kiron Mukherjee tweeted.
Catching wind of fans’ concern later in the day, Shatner responded, “I’m OK!!!”
Lamb, who called the uproar a “tempest in a teapot,” said new suite names will be announced soon.
Before Wednesday, Television City had only stoked controversy for its sheer scale in heritage-rich Durand.
Lamb said sales figures will be announced at the end of the month.
“They’re phenomenally strong.”