False endorsement: some bad questions to ask in a survey

Gibson v. BTS North, Inc., 2018 WL 888872, No. 16-24548 (S.D. Fla. Feb. 14, 2018)Plaintiffs are professional models, actresses, and/or businesswoman who earn their livings by promoting her image, likeness, and/or identity to select clients, commercial brands, media, and entertainment outlets and carefully controlling their images. Defendants operate three “full friction and full nudity” gentlemen’s clubs. Each plaintiff had one or more of her images used on at least one of the Club’s Facebook pages without her consent.  Defendants’ corporate representative testified that they never asked the plaintiffs for their consent, and that he assumed J Dog Media, a separate company thad does the ads for the Clubs, created the graphic designs, backed up by a declaration from the owner of J Dog.He stated that “in procuring the images at issue, these images were not altered in any way, and were located on other Facebook sites and pages, none of which…

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