Why roll around in the food leftovers of higher caste people, when you can wash in the water used by Tom Cruise. For a little over $100 you can now buy an eight-ounce bottle of pool water used by Tom Cruise and his family on July 16, 2011.
It is sort of like “Rain Man” meets “The Color of Money.”
Here is the description:
For sale is a 4oz. glass bottle containing water taken from a pool in Miami Beach, Florida in which Tom Cruise and Katie Holmes swam in with daughter Suri on July 16, 2011. There is a very limited supply of this special water. The winning bidder will receive a 5×7 print of Tom swimming in the pool with Katie Holmes by his side as a certificate of authenticity. The bottle is hand painted and shows a cross to mimic the effect of a bottle of Holy Water. But this cross also bears four gold rays coming from behind, which can also be considered the symbol of Scientology. Tom Cruise water can be used in rituals, potions, or perfumes. It can be dabbed behind the ears or on the wrists for good luck. You can place some of it around the hearth of your home or baptize your baby with it. The possibilities are endless. Happy bidding!
Before you buy that water from Lourdes, you may want to try the Tom Water, which comes with a lovely Scientology symbol. However, holy water from Lourdes include a current sale of a package less than fifty percent of the cost of Tom Water and “As well as providing a Lourdes shopping experience, we also provide FREE prayer delivering services for all our customers.”
The Ebay sale raises an interesting question of privacy liability. The seller is not claiming that Cruise is involved in the sale. Yet, he could be accused of using his name or likeness:
652C Appropriation of Name or Likeness
One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.
a. The interest protected by the rule stated in this Section is the interest of the individual in the exclusive use of his own identity, in so far as it is represented by his name or likeness, and in so far as the use may be of benefit to him or to others. Although the protection of his personal feelings against mental distress is an important factor leading to a recognition of the rule, the right created by it is in the nature of a property right, for the exercise of which an exclusive license may be given to a third person, which will entitle the licensee to maintain an action to protect it.
b. How invaded. The common form of invasion of privacy under the rule here stated is the appropriation and use of the plaintiff’s name or likeness to advertise the defendant’s business or product, or for some similar commercial purpose. Apart from statute, however, the rule stated is not limited to commercial appropriation. It applies also when the defendant makes use of the plaintiff’s name or likeness for his own purposes and benefit, even though the use is not a commercial one, and even though the benefit sought to be obtained is not a pecuniary one. Statutes in some states have, however, limited the liability to commercial uses of the name or likeness.
Yet, this water was essentially discarded by the Cruise family and, if the representation is true, the seller is doing nothing more than other people who by items touched by celebrities. Garbage and other discarded items are generally found to be free of any expectation of privacy and indeed can be seized by the government without a warrant or probable cause. There is also the possibility of a lawsuit by the Church of Scientology over the use of its symbol on the bottles. That would suggest an association and the Church is notorious for being both litigious and protective over Cruise (and other celebrity Scientologists).
The issue would come down to whether the advertizing suggests a celebrity endorsement or involvement. This was the issue in the recent controversy between Woody Allen and American Apparel.
Usually the most promising claim is contractual in asserting that a hotel or business never informed the family of the possibility of selling such items. This should be interesting to watch. As he said in “Jerry Maguire,” people need to understand “I am out here for you. You don’t know what it’s like to be ME out here for YOU. It is an up-at-dawn, pride-swallowing siege that I will never fully tell you about, ok?