A little extra exposure shouldn’t hurt the “deeply religious man who has maintained and… A little extra exposure shouldn’t hurt the “deeply religious man who has maintained and continues to maintain a moral lifestyle and has a spotless reputation for integrity, decency and moral character,” as Smoley describes him.
Berra argues that the racy ad, which asks audiences if “yogasm” is sex with Yogi Berra, caused “severe damage to his reputation” referencing him to Kim Cattrall’s sexually promiscuous character, Samantha. He is suing $5 million for commercial use of his name without permission and another $5 million for unjust enrichment by use of his name without permission.
Obviously, Berra is not out for the money. The padded pockets of network executives at TBS are not going to be emptied because of a $10 million lawsuit. Berra could have simply had his people call their people and resolve the issue without Manhattan’s state Supreme Court, but this lawsuit is his way of proving a point: It ain’t the heat, it’s the humility.
It’s not as if Yogi’s record of being an upstanding human being would fade or come into question because of this ad. He’s under no real pressure to redeem himself. TBS should have just asked if it was OK to use his name in the ad. It wasn’t even a good one. It’s mediocre and very unfunny.
Berra’s the type of guy who, in 1947, gave a speech for Yogi Berra Appreciation Day — his very own day — in St. Louis and says, “Thank you for making this day necessary” to the audience. Although he claims the reference to the sexual act made in connection with Berra “engenders a moral taint that has damaged his otherwise spotless reputation,” Berra will not be remembered by most for his association with a “yogasm.” We will know him for his yogisms — his famous sayings.
TBS should give Berra his $10 million. That’s how much it costs to use a name without permission, especially in a way that could be unflattering.
For the record, a “yogasm” refers to what Samantha has with a guy from yoga class.
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