Patty Ratermann makes her living as a fashion model, selling her likeness to enhance the value of clothing and consumer items. In 2020, Ratermann signed a limited single-use license agreement with QuickFrame to utilize her image on Instagram, and “only” Instagram, to promote the cosmetic products of Pierre Fabre USA. These cosmetic products are sold under the brand name Avène.
QuickFrame is in the business of creating short promotional videos which are placed on various Internet platforms. After agreeing on July 9, 2020 to license her image, Ms. Ratermann discovered in August 2021 that her image was being used in violation of the limited agreement with QuickFrame. The Avène website used the same image. The exploitation of the image went far beyond this use. It appeared on the websites of Amazon, Walmart and Ulta Salon, Cosmetics & Fragrance (Ulta). Further, the image was used in a physical display in a retail store, which was part of the nation chain of stores owned by Walgreen Co. None of the uses of Ratermann’s image were within the scope of the license agreement.
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