Celebrity Legal Issues
Sly Stallone Celebrates Punch-Drunk, Ex-Boxer/Liquor Salesman as His Inspiration; Liquor Salesman Sues
Oh, Those Wacky Transcripts
Judge: I know you, don't I?
Defendant: Uh, yes.
Judge: All right, tell me, how do I know you?
Defendant: Judge, do I have to tell you?
Judge: You'd be obstructing justice not to tell me.
Defendant: Okay. I was your bookie.
Sylvester Stallone is credited with writing the screenplay for Rocky, the 1976 movie which won the Academy Award for Best Picture and spawned a lucrative franchise. It now seems unlikely that Stallone could have actually penned the script, given that his desultory body of work since then is more indicative of illiteracy than letters.
In any event, Stallone has long stated that the basis for Rocky was Muhammad Ali's 15-Round TKO of New Jersey club fighter Chuck Wepner in 1975. Stallone has endlessly repeated the bromide that he luckily scored tickets to the fight and that Wepner's unlikely stamina inspired him to tap out the screenplay over the next three days.
Well, Wepner, now a New Jersey liquor salesman, has had enough of being Stallone's muse, especially since Stallone is filthy rich and Wepner is decidedly not. In Wepner v. Stallone, Superior Court of New Jersey, Law Division, Hudson County, Wepner claims that Stallone has repeatedly promised him that he would share in some of the profits from Rocky and its seemingly endless sequels and that Wepner would land acting roles in Stallone's projects. Yet, Stallone has paid Wepner nothing and has failed to give Wepner any acting parts (even though it is conceivable that Wepner would be a better actor). All the while, Stallone still uses Wepner's name and story to promote the film.
Wepner has sued under New Jersey law claiming that (1) Stallone has violated Wepner's right to his own publicity, (2) Stallone has been unjustly enriched by misappropriating Wepner's name and likeness to further the Rocky franchise, and (3) Wepner has relied on Stallone's unfulfilled promises of compensation to Wepner's detriment.
Mr. Wepner is seeking at least $15.0 million in compensatory and/or punitive damages on each count. The public interest would be better served if he were seeking an injunction against further Rocky sequels.