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'NCIS' Farting Hippo Puppet Subject Of Tug-Of-War Between CBS And Toy Store; Network Accused Of Violating Copyright Law

Aug 27, 2014 01:20 PM EDT | By Staff Reporter

NCIS have produced many memorable characters. Of course, there's Leroy Jethro Gibbs, Ziva David, and Donald "Ducky" Mallard. There's too many names to mention when it comes to characters that carved a place to the hearts of the audiences of the CBS crime drama series. However, there's one character that is stealing all the attention, this character is even the center of a lawsuit and too bad, he can't defend himself. NCIS' Farting Hippo Puppet is currently a subject of a legal battle between CBS and a puppet maker.

The Hollywood Reporter wrote that Folkmanis Inc filed a lawsuit on Monday in a California federal court against CBS. The plaintiff said that it manufactures three-dimensional soft sculptural works including puppets, including Bert, NCIS' farting hippo that first appeared in the show in 2003. The toy instantly became a fan favorite that some fans even created songs in his honor.

The network is currently selling an array of Bert the Farting Hippo products, including the main puppet item that is sold at $19.99.

According to the lawsuit:

"CBS and DA had surmised that a hippo puppet would be a profitable product to offer for sale on the CBS Store. DA contacted Folkmanis and contracted to have a special edition of the Hippo 2 puppet made exclusively for DA and CBS. The special edition Hippo 2 puppet ('Hippo 2.1' puppet) is identical to the Hippo 2 puppet with the addition of a spiked choke collar and a sound box that emulates the sound of a fart. The copyrightable subject matter of the Hippo 2.1 puppet is identical to the copyrightable subject matter of the Hippo 2 puppet."

NCIS' farting hippo merchandise have already been pulled out form CBS store but the network said that this case is just "a flatulent abuse of the legal system" and that they "intend to clear the air on this matter immediately."

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