Models file lawsuit against Trilogy Nightclub for unauthorized use of their photos in promotional materials.
Images of well-known supermodels with substantial social media followings frequently appear on promotional materials for events hosted at Trilogy Nightclub & Hookah Lounge in Spring Garden. However, attendees should not anticipate the presence of these models at the events.
Recently, ten models initiated a federal lawsuit against the establishment, alleging unauthorized use of their likenesses on social media platforms from 2015 through the winter of 2023, aimed at promoting the nightclub without their prior consent or financial remuneration. The legal action details incidents where the plaintiffs’ images were used to attract patrons, thereby causing both personal and professional harm.
Specifically, the lawsuit highlights that for a Cinco de Mayo celebration in 2019, the club incorporated Eva Pepaj’s image— an actress and model boasting approximately 2.6 million followers on Instagram— into its marketing campaigns. The complaint indicates that Pepaj has appeared in various entertainment media, including a Diet Coke commercial.
In a different context, photos of former Playboy Playmate Jessa Hinton were utilized in marketing efforts for a Halloween party in 2017. The images depicted Hinton donning a provocative cat costume as well as a Captain America bodysuit, showcasing the nightclub’s inclination to leverage suggestive imagery to attract guests.
The most recent incident cited in the lawsuit occurred in February 2023, where an image featuring social media influencer Janet Guzman, who has around 1.9 million Instagram followers and promotes the Fashion Nova clothing brand, was used to advertise an Afro Beats night at Trilogy. The lawsuit notes that Guzman’s likeness was used in promotional material dating back to 2018.
The legal complaint asserts that none of the ten models involved were contracted for any promotional activities related to Trilogy. It claims their images’ unauthorized use has deprived them of potential income and harmed their careers and reputations due to the negative associations with the nightclub.
Trilogy is being charged with multiple violations, including false association, false advertising, infringement of the models’ right to privacy, and defamation. The plaintiffs are seeking damages, with the exact amount to be determined during the trial process. The nightclub has not yet issued a public response concerning the lawsuit.
This incident is not isolated; in the past, other entertainment venues in Philadelphia have faced similar legal challenges. Notably, actress and model Carmen Electra was among several individuals who filed lawsuits against various local establishments, claiming improper use of their images. Some of these cases remain unresolved, while others have reached settlements before proceeding to trial.
As the lawsuit progresses, it underscores ongoing concerns regarding the rights of models and influencers in relation to image portrayal and brand association in the rapidly evolving landscape of social media marketing.
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