Billy Two Rivers is not one to just “roll with the punches.”
Two Rivers, a memorable former wrestler originally from the Kahnawake reserve, is suing musician Van Morrison after his image was used on the cover of Morrison’s new album – Roll With the Punches—sans permission.
A suit filed in US court Thursday states that Two Rivers is “suing for violation of his right of publicity, false endorsement under the Lanham Act, unfair competition under common law, and violation of New York General Business Law Section 349.”
The black and white photograph in question features Two Rivers—and his signature Mohawk hairstyle—hurling an opponent to the mat.
He alleges that the photo was reproduced without his awareness or consent, and he is subsequently suing for injunctive relief, as well as compensatory, punitive, and exemplary damages due to this “misappropriation” of his image.
“It is both ironic and regrettable that the defendants elected to ignore Mr. Two Rivers’s rights to control the commercial use of his image,” Michael Graif, partner at the law firm representing the plaintiff, wrote in a statement Thursday.
The team is calling for all copies of the album, as well as all promotional material featuring his likeness, to be promptly scrapped.
Two Rivers is an internationally-known wrestler, staging fights in the US, UK, Japan, and Canada.
After his wrestling debut in 1953, Two Rivers became known for flaunting his First Nations heritage over the span of his 24-year career, including the use of a feathered headdress and performing a war dance during some of his matches.
He also starred in a number of films and television programs prior to his retirement, after which he assumed several leadership positions on the reserve, even helping to lead the Mohawk Nation during the Oka crisis. Two Rivers continues to be recognized on a national basis as an elder and advisor to the First Nations people.
However, this is not the first time that Two Rivers has been referenced in pop culture. A British racing horse was christened with Two Rivers’ name. He also plays a notable role in Pulitzer Prize winner Paul Muldoon’s poem, “My Father and I and Billy Two Rivers”—which compares the outcome of a wrestling match to the Boston Tea Party.
“Roll with the Punches” is Van Morrison’s 37th studio album, and is slated for release this September.
In court documents, the plaintiffs describe a “widespread campaign to market, promote, distribute, and sell the album and unauthorized products.”
The impending album release has been extensively promoted – with the use of the unauthorized photo—on social media, video sharing sites, and was covered by publications like Rolling Stone and Spin.
"Billy has a reputation," said Graif in an interview with CTV. "He's an iconic professional wrestler. He was a leader of the First Nations community. He appeared in nine movies. He had a poem written about him by a Pulitzer Prize-winning poet. He consented to a horse being named after him, okay? Those were the things that he chose. He made those decisions."
Two Rivers’ lawyers also reference novelty merchandise already being touted online, including a limited-release signed vinyl pressing of the album, which has starting bids of $250.
The plaintiffs assert that the crux of the suit lies in the potential damage to Two Rivers, as he’s “invested substantial effort in preserving, protecting, and honing his reputation, and has amassed substantial goodwill and a favorable reputation during his career.”
At the time of this writing, Van Morrison’s camp had not returned CTV Montreal’s request for comment.
