AFL legend known for being a little on the flamboyant side, Warwick Capper, has threatened to sue the chicken chain for using his name without permission in a country-wide ad campaign.
Nando’s ‘fessed up to the crime, offering to shout out $10,000 for Capper, but that’s apparently not good enough, with Capper demanding the company cough up $289,300.
Capper’s name and reference to his infamous tight shorts was used without approval in a campaign to promote Nando’s 25th birthday last year, with the ads popping up on radio and posters on 163 buses and trams.
“25 years ago … Warwick Capper had the shortest shorts in footy. And Nando’s hatched Down Under,” the ads read.
Capper had previously leant his name and short shorts to the chicken brand in 2009, claiming his name and likeness was “probably worth at least $100 million”.
“I’m the Michael Jordan of Australia,” he said.
Capper, naturally, has referenced a similar case in the US where Jordan reached a settlement of a whopping $US8.9 million with a supermarket chain that did not seek approval to use his name in an ad campaign.
“I think I’ve helped their products sell immensely and not to be compensated is a kick in the face really,” he told Nine News.
A Nando’s spokesperson has confirmed that the chain did not gain permission to use Capper’s name, and has since taken action to remove the ads after being made aware of his cranky reaction to the ads.
In a statement on Monday, Nando’s said, “Last year Nando’s celebrated its 25th birthday in Australia with an advertising campaign highlighting key moments from the 1990s.
“As part of this campaign we produced a series of outdoor ads, including one that referenced Mr Capper specifically, saying: “25 years ago Warwick Capper had the shortest shorts in footy and Nando’s hatched down under”.
“We, unfortunately, didn’t get Mr Capper’s approval to use his name in this ad. As soon as this oversight was brought to our attention we apologised and took action to remove the advertising from the market. Based on the work we have done previously with Mr Capper, we also offered what we believe is fair and reasonable payment for referencing him in these ads.
“Nando’s agrees that Mr Capper should be paid, however, we disagree with the level of payment that has been requested. Our offer to Mr Capper is still open and payment will be immediate upon receipt of an invoice from him.”
Capper’s agent Matthew Gray, per reports, said they were willing to “sit down and come up with a figure that both parties thought was fair and reasonable”.
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