New York GBL Section 349 covers ordinary trademark claims, court rules

Mayes v. Summit Entertainment Corp., No. 16-CV-06533, 2018 WL 566314 (E.D.N.Y. Jan. 18, 2017) (magistrate judge)Plaintiffs, eight professional models and actresses, alleged that the owners and operators of a strip club on Long Island (Summit) unlawfully used Plaintiffs’ images in social media advertisements in violation of the Lanham Act and New York General Business Law § 349.  The magistrate recommended rejecting Summit’s motion to dismiss.As to the Lanham Act claim, Summit argued that plaintiffs failed to allege that they are sufficiently well known such that the misappropriation of their images would likely cause confusion. Beyond alleging that they were “well known professional models,” plaintiffs listed appearances in national magazines and television programs, as well as associations with other celebrities. “It is borderline facetious to suggest that Plaintiffs who purportedly have appeared on the Jay Leno Show, Chapelle’s…

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