Indiana Intellectual Property Law News
Caitlin V. Neal, a prominent sexologist and sexual health coach, has filed a lawsuit against an e-commerce merchant based in China for using her likeness without consent to promote its products. Neal, who has built a significant online presence across platforms like YouTube, Instagram, TikTok, and Facebook, alleges that the defendant used her image in online ads for adult wellness products she does not endorse. Neal’s legal complaint centers on false endorsement under the Lanham Act and misappropriation of her right of publicity under Indiana law.
What makes this case particularly unusual is that the defendant’s identity is currently unknown. The complaint notes that “The name of the Point-of-Sale Site and other information that may be used to identify Defendant is being filed under seal. Plaintiff seeks leave to do so because Plaintiff intends to move for a temporary restraining order, through which the Court would impose a temporary asset freeze with respect to Defendant’s money transfer platform(s). In the absence of a temporary asset freeze, Plaintiff believes that Defendant would obtain advance notice of this suit and would transfer assets abroad, thereby frustrating this Court’s future rulings. Plaintiff also intends to seek expedited discovery, through which Plaintiff would receive additional information from third-party online marketplace platform(s) to further help identify Defendant.”
This suit reflects the challenges of pursuing legal action against anonymous or foreign entities in the digital age. Neal’s legal team is taking precautions to prevent the defendant from hiding assets abroad before a judgment can be made. Through the temporary restraining order and expedited discovery, they hope to uncover the defendant’s identity and ensure that any ruling in the case can be enforced.
Neal’s complaint asserts that the defendant’s unauthorized use of her image in these ads misled consumers into believing she endorsed their products, causing potential damage to her reputation and brand. The lawsuit also argues that the use of her likeness violated her right of publicity under Indiana state law, which grants individuals control over the commercial use of their image. Neal is seeking damages for harm to her reputation, disgorgement of profits from the defendant’s unauthorized use of her likeness, and an injunction to stop the defendant from using her image in the future.
The case has been assigned to Judge Gretchen S Lund and Magistrate Judge Abizer Zanzi in the U.S. District Court of Northern Indiana, and assigned Case No. 2:24-cv-00263.