Cheatham v. Paisano Publications, Inc

891 F. Supp. 381 (1995)

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Nature of the Case

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Facts

P creates unique clothing designs and models these creations at biker events. At an Ohio biker gathering, P wore one of her distinctive creations, which displayed her [ass through fishnet fabric that replaced cut-out portions of her blue jeans. Paisano (P) published a picture of her ass in its photo essay of the festival. The picture does not identify P. A year and a half later Paisano's Easyriders magazine published T-Shurte's (D) advertisement for a T-shirt with a similarly-clad backside. P claims this was her likeness. They may have sold several hundred or more of the shirts. P sued Ds asserting (1) invasion of privacy; (2) commercial exploitation of a likeness; (3) negligent licensing of an image without the owner's consent; (4) misappropriation of an image for commercial gain; and (3) unjust enrichment. Both parties moved to dismiss.