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).