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ARTICLE · 14 FEBRUARY 2019

More On Models' Lanham Act Claims

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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I recently noted that a federal district court in New York held that models who were not sufficiently famous to be generally recognized failed to state a claim under the Lanham Act for the unauthorized use of their image in advertising for gentlemen's clubs.

United StatesMedia, Telecoms, IT, Entertainment
Rick Kurnit
Rick Kurnit
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I recently noted that a federal district court in New York held that models who were not sufficiently famous to be generally recognized failed to state a claim under the Lanham Act for the unauthorized use of their image in advertising for gentlemen's clubs.  In a more recent case, a federal district court in New Jersey, however, has set the bar lower: "Plaintiffs are likely to have some recognition among the clientele of Defendants' business because they are models and their fame as models are related in some respect with Defendants' business."

In Cozzens v. Davejoe Re, the court granted default judgments to six professional models/actresses on all four of their claims based on the unauthorized use of their photographs on the club's Facebook page.  They asserted claims under the Lanham Act as well as state law right of publicity, false endorsement, and unfair competition claims.  Noting that the right of publicity claim did not require fame, the court said

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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