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Christmas has come and gone, and so too has the lawsuit against Warner Bros. by the actor who played Scut Farkus in A Christmas Story.
In August, Zack Ward sued the studio, claiming that his likeness was misappropriated in the sale of figurines. This past week, the parties found a way to start the new year in peace. According to court documents, the lawsuit has been dismissed by the mutual consent of the parties.
Ward was 12 years old when he played Farkus, best remembered as the bully who threw snowballs and then got his comeuppance.
Unlike the other actors in the film, Farkus said he was the only one whose contract didn’t contain a rider that allowed the production company to use the actor’s likeness in consumer merchandise.
This became troubling to Ward when he found out about a set of figurines featuring some of the characters in poses from the film. The Farkus character was, of course, throwing a snowball.
Warner Bros. said in response that the figurine showed a “generic face” and had been used on figurines in 2006. Before the case was dismissed, the studio argued that the statute of limitations had run out, and that Ward’s claims were barred by the doctrines of estoppel, laches and waiver.
The court documents dismissing the lawsuit don’t reveal the terms of a settlement — if any — except that each party has agreed to bear its own costs in the litigation.
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