Comedian Jeff Dunham Sues T-Shirt Seller Over Covid-19 Merch

Comedian and ventriloquist Jeff Dunham sued t-shirt seller Ooshirts Inc. in Los Angeles federal court Thursday for allegedly using his puppets’ likenesses on products that include face masks and Covid-19-related shirts.

Ooshirts’ infringement has “caused significant consumer confusion and led fans of the Plaintiff to ask him whether he was improperly trying to profit off of the COVID-19 pandemic,” the complaint says.

Dunham is one of the most popular stand-up comedians in the world, best known for his puppet characters. Dunham says Ooshirts’ websites list over 1000 infringing products that depict his “beloved characters, including Achmed, Bubba J, Peanut, and Jose Jalapeno on a Stick,” including t-shirts, sweatshirts, blankets, and mugs.

The company also allegedly sells “overpriced face masks” and t-shirts that use an image of his “crotchety old man” character Walter wearing a blue hospital mask, which Dunham calls “a shameful effort to profit off the COVID-19 pandemic.”

“Dunham’s representatives have been informed by multiple fans and consumers that they believe Dunham is selling the Infringing Products and that he is wrongfully attempting to profit from the COVID-19 pandemic (he is not), which is causing material harm to his brand and reputation every single day,” the complaint says.

Ooshirts also allegedly set up a separate section of one of their websites just for Dunham-related products, and cropped Dunham’s face onto pictures of other people to sell them.

The complaint says Ooshirts has been sued “multiple times for the same type of infringing conduct,” including by Home Box Office Inc. for selling knockoff “Game of Thrones” merchandise.

Causes of Action: Copyright infringement; federal trademark infringement, trade dress infringement, and counterfeiting; federal trademark and trade dress dilution; federal false designation of origin; common law unfair competition; federal copyright infringement; common law right of publicity misappropriation.

Relief: Injunctive relief; damages; attorneys’ fees.

Response: Ooshirts didn’t immediately respond to a request for comment.

Attorneys: Lavely & Singer PC represents Dunham.

For additional legal resources, visit Bloomberg Law In Focus: Coronavirus (Bloomberg Law Subscription).

The case is Dunham v. Lei, C.D. Cal., No. 2:20-cv-03716, complaint filed 4/23/20.