A model alleges that her image was used in advertising for a strip club without her authorization. She points to hundreds of thousands of followers on Facebook and other proofs of public recognition and declares she never was employed by the club. The model sues in federal court with three theories of recovery. The defendant moves to dismiss and succeeds on one count out of three.

This is the rough scenario of Pinder v. S. DiCarlo and Tess Collins, No. 1:18-cv-00296-BKS-ATB. (N.D.N.Y., filed Jan. 28, 2020), except that there were three models who brought the action rather than one. They premised their complaint on theories of false endorsement under §43 of the Lanham Act, misappropriation of likeness for adverting purposes under the N.Y. Civil Rights Law Sections 50-51, and deceptive trade practices under the N.Y. General Business Law. In allowing the first two causes of action to go forward and dismissing the third, U.S. District Judge Brenda K. Sannes wrote an opinion that reviews the elements of all three theories of recovery for unauthorized use of a person’s image in advertising.

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