Hollywood has a dispute over a dummy named “Walter” on its hands.
Jeff Dunham, the ventriloquist, producer and stand-up comedian, created the “Walter” character, and according to a lawsuit filed on Monday, he’s got a trademark in the class of “talking dolls and plastic dolls” as well as a copyright registration for the 3D artwork and sculptural design of the dummy.
Now in a case that figures to test the intellectual property associated with a character of three-dimensional appearance, Dunham is taking on a guy who supposedly produces dummy replicas.
Dunham is quite proud of his own dummy.
According to the suit, “Walter” has appeared with him on thousands of live shows for the past 25 years, appeared in YouTube videos, sitcoms and Dunham’s A Very Special Christmas Special, said to be the most watched telecast in Comedy Central history.
The defendant is Tony Horn, whose Facebook page touts his own dummy figures.
“Defendant has engaged in the manufacturing, advertising, marketing, distribution, offer for sale, and sale of ventriloquist dummies that are substantially identical to ‘Walter’ and that incorporate the Walter IP,” states the complaint (read here) filed in California federal court.
The lawsuit says that Horn has urged his social media community to “compare his figure to Walter,” and after getting a cease and desist letter, was selling the imitation for anywhere between $350 and $1,000. The sales are said to have continued despite “eBay removing at least one of his listings of the Infringing Product due to infringement.”
Dunham, represented by Marty Singer and Lindsay Molnar at Lavely & Singer, is claiming violations of trademark, trade dress, copyright and unfair competition, and demanding all sorts of monetary compensation. The complaint also seeks the destroying of merchandise “falsely bearing Plaintiff’s Walter Copyright, the Walter Mark and/or the Walter Trade Dress,” and — maybe a sign of things to come as 3D printing takes off — the destruction of “any molds, screens, patterns, or plates used specifically for making or manufacturing products bearing the Walter Copyright, or which picture, reproduce, or utilize the likeness of or copy or bear a substantial similarity to the Walter Copyright.”
Reached for comment, Horn responds that he hasn’t made a “Walter” replica. “If you put them together, you would say, ‘Absolutely no, they aren’t the same.'”
Horn admits there’s some resemblance, but asserts that Dunham is the one who ripped off the “Walter” dummy from an earlier ventriloquist before getting a copyright registration. He says he hasn’t made much money on what he’s sold, and adds, “There’s no competition here. He’s an entertainer and I’m a figure maker. I disagree with the whole thing.”
FAQs
Little Jeff while being used by peanut its control rod and mouth its actually controlled through a foot pedal and an extended piece of string attached to the lever than can be easily remove to be used as a regular dummy.
What was Jeff Dunham's first dummy? ›
He began ventriloquism in 1970 at age eight, when his parents gave him a Mortimer Snerd dummy for Christmas, and an accompanying how-to album. The next day he checked out a how-to book on ventriloquism from the library, and explained in 2011 that he still had it, remarking that he was "a thief in the third grade".
Where is Jeff Dunham now? ›
Jeff Dunham is currently touring across 1 country and has 19 upcoming concerts. Their next tour date is at Bakkt Theater, Planet Hollywood Resort & Casino in Las Vegas, after that they'll be at Scherr Forum- B of A Performing Arts Center, Thousand Oaks in Thousand Oaks.
How much does Jeff Dunham make a year? ›
Jeff Dunham ($16.5 million) - 2018-12-19 - The Highest-Paid Comedians Of 2018.
Does Jeff Dunham sell merchandise at his shows? ›
Items Sold At Jeff's Shows
Some of the items available online are also available at his shows. There are no guarantees as to which items may, or may not be available at a live performance — or vice versa.
Who is Jeff Dunham's main puppet? ›
PEANUT. Peanut is the sidekick of comedian / ventriloquist Jeff Dunham. He's frenzied and fast, naughty but lovable, manic and unendingly energetic. Self-described as a comic genius, Peanut is sure to make everyone laugh.
How old was Jeff Dunham when he started ventriloquism? ›
Born in Dallas, Texas, Dunham was adopted at three-months old by Howard and Joyce Dunham. He was introduced to ventriloquism at the age of 8, when they gave him a Mortimer Snerd dummy as a Christmas present. This gift sparked Dunham's lifelong passion for what was becoming a lost art.
Why is it called a ventriloquist dummy? ›
The name comes from the Latin for 'to speak from the stomach: Venter (belly) and loqui (speak). The Greeks called this gastromancy (Greek: εγγαστριμυθία). The noises produced by the stomach were thought to be the voices of the unliving, who took up residence in the stomach of the ventriloquist.
Why did the Jeff Dunham show end? ›
Cancellation. On December 29, 2009, TV Guide reported that The Jeff Dunham Show would not be renewed for a second season, noting that despite the strong premiere, the series' ratings had dropped sharply by the season finale.
Is Jeff Dunham touring in 2024? ›
Event Information
Comedy superstar, Jeff Dunham, is bringing his cast of characters to Truist Arena in Highland Heights on March 20, 2024, as America's favorite ventriloquist continues on his “Still Not Canceled” tour.
Jeff Dunham: Still Not Canceled Tickets Jul 21, 2024 Las Vegas, NV | Ticketmaster.
What is Jeff Dunham's most popular puppet? ›
Achmed the Dead Terrorist
Perhaps the most well-known and popular of Jeff Dunham's puppets, Achmed is known for his catchphrase "Silence! I kill you!" and his irreverent humor.
Was Jeff Dunham ever on Masked Singer? ›
Who knew it was Jeff Dunham under Pi-Rat Mask? 👀
What happened between Jeff Dunham and his wife? ›
Just as the foundation started to take off, the marriage began to crumble. Years of infidelities took its toll, Jeff filed for a separation in 2008, and Paige counter-filed for divorce, which was finalized in 2012.
Did Jeff Dunham adopt his daughters? ›
How many kids does Jeff Dunham have? The American comedian has five children—four biological and one adopted. He shares three daughters, Bree Hemphill, Ashlyn, and Kenna, with his ex-wife, Paige Dunham, and twin sons, Jack Steven and James Jeffrey, with his current wife, Audrey Murdick.
Where did Jeff Dunham do minding the monsters? ›
| Jeff Dunham: Minding the Monsters |
|---|
| Producers | Myra Byrne (associate) Steve Marmel Neil A. Sheridan (supervising producer, listed as Neil Sheridan) Jeff Thorsen (line producer) |
| Production locations | Savannah, Georgia, United States |
| Cinematography | James Markham Hall Jr. (listed as Jamie Hall) |
| Editor | Dave Harrison |
18 more rowsBorn in Los Angeles, Jack Steven and James Jeffrey Dunham's arrival couldn't have been more perfect: The baby boys arrived the day before the couple'sthird anniversary. “Mama Audrey and both boys are happy and healthy and doing well,” the ventriloquist, 53, tells PEOPLE. “Born two hours apart and no C-section needed.
