AFL great Warwick Capper suing Nando’s over image rights

HIGH-flying footy legend Warwick “The Wiz” Capper is embroiled in a $300,000 image rights stoush with burger giant Nando’s.

### DT ONLY ### Former AFL legend Warwick Capper and Peter Helliar (Strauchanie) will help launch SPC Big Bean Bars tomorrow, Warwick is pictured at home with one of the bars

HIGH-flying footy legend Warwick “The Wiz” Capper is embroiled in a $300,000 image rights stoush with burger giant Nando’s.

Capper is suing the chicken chain after it used his image without permission in a national advertising campaign.

Nando’s management have admitted fault and offered to pay the former Sydney and Brisbane star $10,000.

But Capper’s camp is demanding $289,300 and threatening to launch court action.

Capper, 52, who kicked 388 goals in 124 games before retiring in 1991, today pointed to a case in the US involving basketball legend Michael Jordan who last year reached a US$8.9 million settlement with a supermarket chain that used his name without permission.

“Let’s be honest, I am a bigger name than Jordan, I can jump higher and I’m much better looking,” Capper said.

Warwick Capper flies for a mark in his playing days.

Warwick Capper hits the canvas in his bout with Wendell Sailor.

“I am disappointed that they used my name without speaking to me.”

Capper’s name and propensity for wearing tight shorts was used to promote Nando’s 25th anniversary last year.

The campaign featured on radio and advertising posters on 163 buses and trams.

“I have had over $100 million spent on me in advertising in the last 30 years,” Capper said.

“I have done similar campaigns in the past, and most times I increase company profits by 200 per cent.

“Nando’s used me in a campaign seven years ago, and they went through the right channels. I see this as a bit of a kick in the face.

“I would have been happy to be part of their campaign had they spoken with me, but now I feel like I have been disrespected.

“My name is my livelihood.”

A Nando’s spokesperson said the company had removed the ads after becoming aware of Capper’s concerns.

“We unfortunately didn’t get Mr Capper’s approval to use his name in this ad,” she said.

“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.”

“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’.”

Warwick Capper with bride Joanne on their 1988 wedding day.

Capper’s manager, Matthew Gray, said the rights of retired footy stars needed to be better protected.

“This is bordering on identity theft,” Gray said.

“Nando’s have exploited Warwick’s name for a commercial outcome, yet they did not seek permission or authorisation.

“Warwick licenced his image to his image rights company some years ago to ensure his name, image, likeness is 100 per cent protected, to avoid situations such as these.

“He is one of Australia’s most recognisable profiles, and has been for the past 30 years.

“We were staggered to see the campaign for the first time on the streets. Not only is it illegal, it is also morally wrong and completely ignorant not to seek permissions to use anyone’s name in a commercial campaign such as this.”

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