Adam West Sued A Department Store Chain Over Its Use Of Batman In A Commercial
In the 1960s TV show "Batman," Adam West played the Caped Crusader with deadpan brilliance. The campy, pop-art style of the show was so iconic that Zayre thought it would be a great idea to pay homage in one of their ads. They did — and West slapped the department store chain and its advertising agency with a massive lawsuit.
In 1986, Zayre released a commercial featuring the unmistakable costumes of the Dynamic Duo. But they more than just nailed their looks: The two actors playing Batman and Robin even perfectly mimicked the deadpan deliveries and over-the-top mannerisms that West and Burt Ward made famous in the television series.
In the ad, Batman and Robin realize it's 3:00 a.m, so they hop in the Batmobile to head over to Zayre, prompting Robin to utter his signature catchphrase two different times: "Holy mistletoe!" he says as peel out of the Batcave. After Batman reminds his sidekick that Zayre is open 24 hours a day during the holiday rush, Robin shouts, "Holy rock around the clock!" The duo even exchange words about a Christmas gift for that "pesky prankster," the Penguin.
West sued the department store chain and its advertising agency for $900,000 in damages
While fans of the superhero TV show might have gotten a kick out of the festive clip, Adam West wasn't laughing. In his lawsuit, he claimed the commercial illegally used his likeness, personality, voice, and mannerisms. West argued that the impersonation was so on point, it fooled audiences into believing it was actually him behind the cowl.
West initially sought $900,000 in damages — though early reports from the Los Angeles Times accidentally reported that figure as $9 million. The actor also claimed that he lost out on the $175,000 fee he normally would have charged to appear in the commercial himself, adding that the unauthorized spoof had damaged his reputation.
Ultimately, the late West's legal battle didn't have a comic-book ending. According to the Los Angeles Times, the court ultimately ruled against the actor. The judge determined that the commercial was a parody of the fictional character of Batman rather than a direct theft of West's individual identity, leaving the actor to walk away from the courtroom empty-handed.