Prof. Jorge Contreras Quoted in Star Tribune About Models Suing for Unapproved Images in Ads

Professor Jorge Contreras was quoted in the Star Tribune about a Wisconsin strip club owner that used photos of well-known models in its advertisements losing a lawsuit filed by the women and has so far refused to pay the judgment and legal fees awarded in the case. The women never worked for the Cajun Club, in Houlton, Wis., across the St. Croix River from Stillwater, and their attorney argued in the trademark infringement case that the club’s ads were false advertising in violation of Wisconsin’s right of privacy statute. Prof. Contreras said the women’s legal case was straightforward. “You’re talking about the right of publicity,” he said, explaining that courts have agreed the individuals have an exclusive right to commercialize their image. A club can’t defend itself by claiming freedom of speech because the pictures are being used for commercial purposes, he added. “If we’re telling the story of these women, if we’re telling the truth, I am allowed to [use their pictures] under the First Amendment. But I can’t just advertise my own nightclub using their picture,” he said.