Uncle Miltie sues over use of photo

Publish date: 2024-04-17

Case states ad depicts Mr. Television as gay

Milton Berle has sued Century 21 Real Estate Corp. and Lambda Publications, Inc. over an advertisement that uses a famous old photo of Mr. Television dressed as Carmen Miranda, complete with fruit headdress and makeup. The caption reads: “Our team of friendly professionals know how to cater to royalty … after all, every queen deserves a castle.”

The suit, filed last month in U.S. District Court in Los Angeles, stems from the unauthorized use of Berle’s photo in the Spring/Summer 1998 edition of Lambda’s Out!, a resource guide for the gay community.

The advertisement was placed by Century 21, the nationwide real estate company. The complaint alleges violations of rights of publicity, the Lanham Act, unfair competition and defamation.

The basis of the defamation claim is that “the depiction of Berle … would convey to a reasonable person, that (Berle) was a homosexual.” According to the complaint, while the 91-year old Berle “respects the rights of others in the pursuit of their own individual sexual orientation, Berle is a heterosexual male and does not now, nor has he ever, engaged in homosexual conduct, nor does Berle wish to be viewed as being homosexual.” The complaint seeks $6 million in damages.

Popular on Variety

Berle enjoyed enormous popularity as the host of “The Texaco Star Theater” and “The Milton Berle Show.” Drawing on his vaudeville roots, Berle — known to millions as Uncle Miltie — frequently dressed as a woman during his comedy skits.

Said David Pierce, Berle’s attorney, “We are deeply concerned that a generation of Americans unfamiliar with Berle’s classic schtick are seeing Berle depicted as a homosexual within the pages of this gay magazine. Mr. Television deserves far better.”

Attorneys for the defendants could not be reached.

Jump to Comments

More from Variety

Most Popular

Must Read

Sign Up for Variety Newsletters

By providing your information, you agree to our Terms of Use and our Privacy Policy.We use vendors that may also process your information to help provide our services. // This site is protected by reCAPTCHA Enterprise and the Google Privacy Policy and Terms of Service apply.

Variety Confidential

A Variety and iHeartRadio Podcast

ncG1vNJzZmiukae2psDYZ5qopV9mhnqFjpugs2eemsS0e9SnmqWdXaK2rcDInmSsrZWoerDCxKtkrquVYrynec%2Bhpq2nXWZ%2BcoOWbWtsb2Jk