Indiana Intellectual Property Law News
Fort Wayne, Indiana – Apparently, the Plaintiffs in this case, Jessica Burciaga, Jessica Hinton, Jamie Eason Middleton, Lucy Pinder, Abigail Ratchford, Emily Scott, Denise Trlica, and Sara Underwood, are professional models. The Plaintiffs claim B&S Fort Wayne, Inc., Showgirl III, Inc. and Reba Enterprises LLC (collectively “Defendants”) doing business as Showgirl I and Showgirl III, have used their images and likeness to promote their strip clubs without permission of the Plaintiffs.
According to the Complaint, the Defendants’ use of the Plaintiffs’ pictures in connection with their strip clubs violates the Plaintiffs’ rights and violates the Lanham Act, 15 U.S.C. § 1125(a), for false endorsement, unfair competition, and/or false advertising. Further, the Plaintiffs allege the Defendants have violated their right of publicity pursuant to Ind. Code § 32-36-1-0.2 et seq. Finally, the Plaintiffs claim the Defendants have been unjustly enriched by promoting their businesses using the Plaintiffs’ images and likeness.
At least two of the Plaintiffs in this case, Hinton and Pinder, are involved in a similar lawsuit in the Southern District of Indiana.
The case was assigned to District Judge Holly A. Brady and Magistrate Judge Susan L. Collins in the Northern District and assigned Case 1:20-cv-00367-HAB-SLC.