Florida's Professional Models Unite Behind Lanham Claim

Middle District draws on well-developed body of decisions to deny dismissal bid

Habeas Corpus?

Back in April 2016, seven professional models, led by Ms. Cielo Jean Gibson, sued a handful of Florida businesses that "[engage] in the business of entertaining its patrons with nude and/or semi-nude dancing and alcohol." The models, who were not purportedly dancers at the clubs, claimed that the businesses, along with their president and director, Michael Tomkovich, had used their images to promote their clubs without their permission.

After a series of consolidations and one amended complaint, the suit boasted 15 separate defendants, all suing for compensation under the same counts: false advertising and false endorsement under the Lanham Act; and violations of Florida's right of privacy and Deceptive and Unfair Trade Practices Act, among others.