Farmer files lawsuit over use of his picture
The complaint seeks $7.5 million in damages from the photographers and the companies that used the image.
didn't know that a photo taken of him with a goose had been used in a slightly naughty birthday card until complete strangers started poking fun at him.
The complaint filed in Roanoke County Circuit Court seeks $7.5 million
in damages from the photographers who took the photo, the companies that offered the photo as a stock image and the companies that created and sold the card. The greeting card features a black-and-white portrait of Marsinko holding a goose, along with the text: "Since it's your birthday, you decide – Would you rather get spanked... or goosed?"
Marsinko is suing
, claiming he signed no model release [for commercial use] and has been subjected to the ridicule of his peers at "animal auctions and other agricultural events." The lawsuit alleges teasing from colleagues that includes: "Your girlfriend sure has a long neck" and "When did you give up women to hug a goose?" (The folks over at http://www.ideagrove.com/blog/labels/andrew%20marsinko.html
thought it was ashame
that such animosity came out of an innocent birthday card and thought of a few additional ideas that might not be so offensive)
And in a related matter: Earlier in September, Socialite Paris Hilton suffered a similar humiliation, and filed a lawsuit against Hallmark Cards, claiming it used her likeness without permission on a greeting card entitled "Paris's First Day as a Waitress."
Hilton, 26, is suing for an injunction against the U.S. greeting card company and for damages in of $500, 000, according to the suit filed USDC
in Los Angeles.
The suit says that Hallmark failed to obtain approval from the hotel heiress for using her image and had damaged her rights to privacy and publicity.
"These cards take a satirical look at news and gossip surrounding ... public figures, including Paris Hilton, and we do not believe Hallmark has violated any of Ms. Hilton's rights," Hallmark said in a statement. (Ought Oh that's sistah
' defense claim against his suit with X17 - I guess Paris is willing to throw Perez under the bus for pocket change.)
Hilton gained notoriety in 2003 when a home video of her having sex with her boyfriend was posted on the Internet. In June, she made international headlines when she was sent to jail on a driving violation, released early and then sent back to complete a 23-day sentence.
Labels: Bottle Blond, Drunk, Greeting Card, Lawsuit, OK Singer, Paris Hilton, Slut