Warwick Capper sues Nando’s for $300,000

WARWICK Capper, the “Michael Jordan of Australia”, is suing Nando’s for $300,000 after the chain used his image without permission.

FLAMBOYANT AFL legend Warwick Capper is threatening to sue Nando’s for $300,000 after the chicken chain used his name without permission in a national advertising campaign.

Nando’s admitted it was at fault and offered to pay Capper $10,000, but the 52-year-old is demanding $289,300, the Herald Sun reports.

Capper’s name and reference to his famous tight shorts was referenced in a campaign to promote Nando’s 25th anniversary last year. The ads featured 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 referenced a similar case in the US where basketball star Michael Jordan reached an $US8.9 million settlement with a supermarket chain that used his name without permission.

“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.

Capper in 2009 ad for Nando’s.

Capper had previously lent his name and likeness to a Nando’s campaign in 2009. He said his name and likeness was “probably worth at least $100 million”.

“I’m the Michael Jordan of Australia,” he said.

A Nando’s spokeswoman confirmed the chain did not seek Capper’s approval before running the ads and had removed them when it became aware of his concerns.

“As soon as this oversight was brought to our attention we apologised and took action to remove the advertising from the market,” she said.

“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 said they were willing to “sit down and come up with a figure that both parties thought was fair and reasonable”, but Nando’s wasn’t willing to budge.

Originally published as Warwick Capper sues Nando’s for $300,000