The suit included exhibits of Electra’s image connected with Thanksgiving, Christmas and New Year’s Eve events, Hinton’s image in ads for military-related promotions and Young’s in relation to St. Patrick’s Day.
The complaint said Cheeks used Electra’s image in select online ads and their website between November 2015 until December 2017, Hinton’s image between June 2015 and December 2018 and Young’s image in March 2017.
“At all times relevant to this complaint, defendant developed and instituted a policy of misappropriation, alteration, and publication of images (including plaintiffs’) on its web pages and social media platforms that it had not paid for, and to which it had no legal right, in order to promote” Cheeks.
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The Cincinnati-based attorney who filed the lawsuit didn’t immediately respond to an interview request.
A Dayton-area attorney who has represented Cheeks also didn’t immediately respond to a message seeking comment.
The lawsuit points out that the models never performed or appeared at Cheeks nor negotiated with the club for the use of their images.
Damages sought for each plaintiff include interests and costs exceeding $75,000 — a boilerplate number in federal court filings.
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The filing said each plaintiff’s “career in modeling, acting, and private enterprise has value stemming from the goodwill and reputation they have built, all of which are critical to establishing a brand, being selected for jobs, and maximizing earnings.”
The complaint also states that each model “commands substantial sums of money for the licensed commercial use of their image and likeness.”
A formal response has not been filed by defendants. No court dates have been set in the case.
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