Los Angeles, CA - Lawsuit Filed On Behalf Of Model To Stop Use Of Her Image, Photograph, Likeness In Association With Cosmetic Medical Company Removed To Federal Court – Cal. Civ. Code 3344
Los Angeles, CA – A lawsuit was filed in the Los Angeles Superior Court alleging misappropriation of likeness/image for commercial purpose under Cal. Civ. Code § 3344 and unfair competition under the Lanham Act §43(a) (15 U.S.C. § 1125). Pamela Paulshock, an actress and model, alleged that defendant Heavenly Cosmetic used her photograph – without her authorization or compensation – in advertisements for its services in the field of cosmetic medical care and services published in L.A. Weekly Magazine. Based upon the federal cause of action under 15 U.S.C. § 1125, defendants filed a notice of removal under 28 U.S.C. § 1441(b) to move the case to the Federal District Court in Los Angeles, where the case is pending. The complaint alleges that “Plaintiff is the attractive female in the Defendant’s advertisement, is the focal point of the label, and is clearly visible and recognizable to the naked eye. At no time prior to or after the image was published, did Plaintiff consent to her image being published by the Defendant in this manner, nor to any agent or employee of the Defendant.” The complaint also asserts causes of action for invasion of common law right of privacy (unauthorized misappropriation of image/photograph) and unfair competition under Cal. Bus. & Prof. Code § 17200. The case is titled Shamshock v. Heavenly Cosmetic Medical SPA, CV08-03347 R (C.D. Cal. 2008).
The complaint alleges that Defendants incorporated under the confusingly similar name of Athena Bioscience, also using it as a trademark, in addition to using the confusingly similar trademark of Athena Lash Serum. The complaint further asserts causes of action for unfair completion under Cal. Bus. & Prof. Code §17200, intentional interference with prospective economic advantage, intentional interference with contract, and declaratory relief under 28 U.S.C. §2201 as to the ownership of the trademarks. The case is titled Athena Cosmetics, Inc. v. Athena Bioscience, SACV08-0532 AG (C.D. 2008).
The complaint alleges that defendants Oak Tree Medical and Dr. Jay Tsuruda are infringing the ‘360 patent by making, using, importing, offering for sale, and/or selling products and services which provide peripheral nerve MRI imaging services. It is alleged that “Defendants knowingly, willfully, and deliberately infringed and, on information and belief, continue to infringe the ‘360 Patent in conscious disregard of [Neurografix’s] and [Washington Research Foundation’s] rights, making this case exceptional within the meaning of 35 U.S.C. §285 and justifying treble damages pursuant to 35 U.S.C. §284.” Plaintiffs also seek both preliminary and permanent injunctions against further alleged infringement. The case is titled Neurografix et al. v. Oak Tree Medical Corporation et al., CV 08-02923 CAS (C.D. Cal. 2008).
Icon alleges that both defendants infringe on both of the patents through the manufacturing, importing, and/or sale of the Octane Fitness Q47 Series exercise device. “The conduct of [Defendants] as set forth hereinabove gives rise to a claim for infringement of the Asserted Patents, pursuant to at least 35 U.S.C. §§ 271 and 281. Icon also asserts that it “is entitled to injunctive and monetary relief against [defendants], pursuant to 35 U.S.C. §§ 283, 284, and 285. The case is titled Icon Health & Fitness, Inc. v. Octane Fitness, LLC, et al., SACV 08-00437 CJC (C.D. Cal. 2008).