Geiger v. C&G of Groton, Inc., 3:19-cv-502 (VAB)

• Decision Date: 26 December 2019
• Docket Number: No. 3:19-cv-502 (VAB),3:19-cv-502 (VAB)
• Citation: 424 F.Supp.3d 276
• Court: U.S. District Court — District of Connecticut
• Parties: Brenda Lynn GEIGER, Carissa Rosario, Tara Leigh Patrick a/k/a Carmen Electra, Jessica Hinton a/k/a Jessa Hinton, Cora Skinner, Dessie Mitcheson, Hillary Fisher Vinson a/k/a Hillary Hepner, Jamie Eason Middleton, Ina Schnitzer a/k/a Jordan Carver, Lucy Pinder, Megan Daniels a/k/a Megan Vogt, and Vida Guerra, Plaintiffs, v. C&G OF GROTON, INC. d/b/a Mynx Groton, Service Road Corporation d/b/a Mynx Hartford, and Alfred Ciraldo, Defendants.

424 F.Supp.3d 276

Brenda Lynn GEIGER, Carissa Rosario, Tara Leigh Patrick a/k/a Carmen Electra, Jessica Hinton a/k/a Jessa Hinton, Cora Skinner, Dessie Mitcheson, Hillary Fisher Vinson a/k/a Hillary Hepner, Jamie Eason Middleton, Ina Schnitzer a/k/a Jordan Carver, Lucy Pinder, Megan Daniels a/k/a Megan Vogt, and Vida Guerra, Plaintiffs,

v.C&G OF GROTON, INC. d/b/a Mynx Groton, Service Road Corporation d/b/a Mynx Hartford, and Alfred Ciraldo, Defendants.

No. 3:19-cv-502 (VAB)

United States District Court, D. Connecticut.

Signed December 26, 2019

John V. Golaszewski, Casas Law Firm, P.C., New York, NY, John J. Radshaw, III, New Haven, CT, for Plaintiffs.

Peter J. Zarella, Steven Lapp, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Hartford, CT, for Defendants.

RULING AND ORDER ON MOTION TO DISMISS

VICTOR A. BOLDEN, UNITED STATES DISTRICT JUDGE

Brenda Lynn Geiger, Carissa Rosario, Tara Leigh Patrick a/k/a Carmen Electra, Jessica Hinton a/k/a Jessa Hinton, Cora Skinner, Dessie Mitcheson, Hillary Fisher Vinson a/k/a Hillary Hepner, Jamie Eason Middleton, Ina Schnitzer a/k/a Jordan Carver, Lucy Pinder, Megan Daniels a/k/a Megan Vogt, and Vida Guerra (collectively "Plaintiffs") have sued C&G of Groton, Inc. ("Mynx Groton"), Service Road Corporation ("Mynx Hartford") (collectively the "Clubs"), and Alfred Ciraldo (collectively "Defendants") for allegedly violating the Lanham Act and a myriad of state law claims over the misappropriation and nonconsensual use of Plaintiffs' photographs.

For the following reasons, the motion to dismiss is GRANTED in part and DENIED in part .

Defendants' motion to dismiss is denied as to Plaintiffs' claims for false advertising, right to privacy – false light, CUTPA, defamation, and negligence. Those claims will proceed. Defendants' motion to dismiss is granted as to Plaintiffs' claims for conversion and quantum meruit.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Allegations

Each Plaintiff allegedly "is a well-known professional model who earns her livelihood modeling and licensing" her image for the purpose of advertising products and services. Compl. ¶ 24. Their modeling careers allegedly depend on "their good will and reputation, which is critical in order to maximize their earning potential, book modeling contracts, and establish each of their individual brands." Id. ¶ 25. Each Plaintiff allegedly is selective about the companies or brands for which they model. Id.

Mynx Groton and/or Mynx Hartford allegedly misappropriated each Plaintiffs' image and allegedly intentionally altered each Plaintiffs' image to advertise their association, affiliation, or endorsement of their businesses. Id. ¶ 26. Allegedly, the appearance of every Plaintiff was false. Id. ¶ 27. Nor did any Plaintiffs allegedly know of, consent to, authorize, or receive remuneration for the allegedly improper and illegal use of their images. Id. ¶ 28. In some instances, Defendants allegedly "misappropriated Plaintiffs' advertising ideas because the [i]mages they misappropriated [came] from Plaintiffs' own social media pages[.]" Id. ¶ 29.

The Plaintiffs are and more specifically allege the following:

Brenda Lynn Geiger allegedly has performed in the "Ms. Officer" music video with rapper Lil Wayne, worked for the magazine Glamour , and appeared on The Howard Stern Show in a Miss HTV March contest. Id. ¶ 30. Numerous men's magazines allegedly featured Ms. Geiger and she allegedly has participated in numerous product campaigns. Id.

Plaintiffs' Exhibit A allegedly depicts Ms. Geiger in photos posted on the Mynx Groton or Mynx Hartford website. Id. ¶ 31; see also Pls.' Ex. A – Geiger, ECF No. 1-1 (Apr. 3, 2019) ("Geiger Photos"). The pictures allegedly are altered "to make it appear that [Ms.] Geiger was either a stripper working at Mynx Groton and/or Mynx Hartford, that she endorsed the Clubs, or that she was otherwise associated or affiliated with the Clubs." Compl. ¶ 31. Ms. Geiger allegedly has never been to nor associated with either Club. Id. The unauthorized use of her image allegedly caused her to suffer, and will continue to cause her to suffer, damages. Id. ¶ 32.

Carissa Rosario, allegedly internationally known with a very strong social media presence, has appeared in men's magazines, commercials for nationally-known beverage brands, and owns a perfume line. Id. ¶ 33.

Plaintiffs' Exhibit B allegedly depicts Ms. Rosario in photos posted on the Mynx Groton and Mynx Hartford Facebook page. Id. ¶ 34. The pictures are allegedly "altered to make it appear that [Ms.] Rosario was either a stripper working at Mynx Groton and/or Mynx Hartford, that she endorsed the Clubs, or that she was otherwise associated or affiliated with the Clubs." Id. ; see also Pls.' Ex. B – Rosario, ECF No. 1-2 (Apr. 3, 2019) ("Rosario Photos"). Ms. Rosario has never been to, associated with, affiliated with, or hired to endorse either Club. Compl. ¶ 35. Ms. Rosario allegedly has not received remuneration for the "unauthorized use of her [i]mage[;]" she has suffered and will continue to suffer damages. Id.

Tara Leigh Patrick a/k/a Carmen Electra allegedly "is a world famous actress, recording artist, and entrepreneur," with a substantial social media presence. Id. ¶ 36. First allegedly signed by the late recording artist Prince, who produced her first album, Ms. Electra allegedly has had a music career and also appeared in television shows, including as the host of WEtv's reality docuseries Ex Isle , and movies.

Plaintiffs' Exhibit C allegedly depicts Ms. Electra in photos posted on the Mynx Groton and Mynx Hartford Facebook page. Id. ¶ 37; see also Pls.' Ex. C – Electra, ECF No. 1-3 (Apr. 3, 2019) ("Electra Photos"). The pictures are allegedly "altered to make it appear that [Ms.] Electra was either a stripper working at [the Clubs], that she endorsed the Clubs, or that she was otherwise associated or affiliated with the Clubs." Id. ¶ 37. Ms. Electra allegedly has never worked at, been associated or affiliated with, or hired to endorse either Mynx Groton or Mynx Hartford. Id. ¶ 38. She allegedly has never received payment for the unauthorized use of her image and allegedly has suffered, and will continue to suffer, damages as a result. Id.

Jessica Hinton a/k/a Jess Hinton allegedly "is a world renowned and highly sought after model," who has appeared in Playboy. Id. ¶ 39. She allegedly has "appeared in countless national commercial [campaigns] and television shows." Id. Because of her advertising and promotional work, allegedly "[h]er images have likewise appeared on countless billboards, magazines, posters, and multiple forms of electronic media." Id. Finally, she allegedly maintains "elite status as a social media celebrity[.]" Id.

Plaintiffs' Exhibit D allegedly depicts Ms. Hinton in photos posted on the Mynx Groton and Mynx Hartford Facebook page. Id. ¶ 40; Pls.' Ex. D – Hinton, ECF No. 1-4 (Apr. 3, 2019) ("Hinton Photos"). In the pictures, Ms. Hinton allegedly appears to work as a stripper for the Clubs, endorse the Clubs, or otherwise associate with the Clubs. Compl. ¶ 40.

Ms. Hinton allegedly never received payment for the unauthorized use of her image, has suffered, and allegedly will continue to suffer, damages as a result. Id. ¶ 41.

Cora Skinner is allegedly an actress and a model for "a variety of internationally known brands[.]" Id. ¶ 42. She allegedly has appeared in Maxim, Playboy , and "has her own set of Bench Warmer trading cards." Id.

Plaintiffs' Exhibit E allegedly depicts Ms. Skinner in photos posted on the Mynx Groton and Mynx Hartford Facebook page. Id. ¶ 43; Pls.' Ex. E – Skinner, ECF No. 1-5 (Apr. 3, 2019) ("Skinner Photo"). In the pictures, Ms. Skinner allegedly appears to work as a stripper, endorse the Clubs, or otherwise maintains an association or affiliation with the Clubs. Compl. ¶ 44. She allegedly has never been employed at either Club, associated or affiliated with either Club, and never received payment for the unauthorized use of her image. Id. ¶ 44. As a result, Ms. Skinner allegedly has suffered damages and will continue to suffer damages. Id.

Dessie Mitcheson allegedly is a professional model and actress. Id. ¶ 45. She allegedly has been the face of Playboy Intimates, MGM Grand Las Vegas, and Miss Pennsylvania Intercontinental. Id. Ms. Mitcheson allegedly has appeared in Maxim and "was featured as the main Tecate Beer ring girl in the biggest Pay-Per-View event in history," which created a huge demand for her services "and increased her daily quote substantially." Id. She allegedly has worked in a variety of national advertising campaigns. Id.

Plaintiffs' Exhibit F allegedly depicts Ms. Mitcheson in photos posted on the Mynx Groton and Mynx Hartford Facebook page. Id. ¶ 46; Pls.' Ex. F – Mitcheson, ECF No. 1-6 (Apr. 3, 2019) ("Mitcheson Photos"). The picture allegedly is altered "to make it appear that [Ms.] Mitcheson was either a stripper working at Mynx Groton and/or Mynx Hartford, that she endorsed the Clubs, or that she was otherwise associated or affiliated with the Clubs." Id. Ms. Mitcheson allegedly has never been affiliated or associated with either Club, employed by either Club, or paid by either Club for the allegedly unauthorized use of her picture. Compl. ¶ 47. She allegedly has suffered damages and will continue to suffer damages as a result. Id.

Hillary Fisher Vinson a/k/a Hillary Hepner allegedly is a model who earned the title of Miss Playboy Club of the Year in 2011 and allegedly served as "the face of Playboy Intimates in 2010." Id. ¶ 48. She allegedly has modeled for a variety of companies in calendars and advertisements. Id. ¶ 49.

Plaintiffs' Exhibit G depicts Ms. Hepner in photos allegedly published on the Mynx Groton and Mynx Hartford Facebook page. Id. ; Pls.' Ex. G – Hepner, ECF No.1-7 (Apr. 3, 2019) ("Hepner Photos"). The photos allegedly are designed to promote Ms. Hepner's association with Clubs—that she worked as a stripper working there, endorses the Clubs, or is affiliated with the Clubs. Id. Ms....