Law360 Quoted Josh Gerben About Celebrities Suing Gentlemen’s Clubs Over Unauthorized Use of Images

There has been a recent wave of litigation where models and other celebrities have been suing gentlemen’s clubs.  The crux of the lawsuits is that the plaintiffs’ images are being used in an authorized manner by the businesses to promote their services.

Josh Gerben was quoted by Law360 regarding the quantity of damages afforded to the affected women:

[…] the damages calculations would likely vary for different models and clubs. Calculating and proving them would be a bigger fight than determining the viability of the women’s claims, he said.

[…]

But if the clubs fought the claims, they could have some success, Gerben said, in part because the Lanham Act’s requirement that the models prove consumers were actually confused by the pictures or that the club intended to deceive can be tricky.

State right of publicity laws often base their damages on the injury to the person whose photo was used — which could be calculated based on the models’ normal fees for photo shoots or the amount of profits the club realized after using the photo, Gerben said.

Source: Novak Jones, D.  “Plaintiffs Bar Finds Booming Biz In Strip Club Suits”.  Law360.com.  February 20 2019.