Amazon's Unauthorized Use of Beautician's Likeness 'Pirates' Her Right to Publicity: Suit

Certain beauty products sold on Amazon Marketplace, “facilitated by Amazon,” use plaintiff Johnnetta Clemons’ image “to falsely promote and advertise” products as fulfilled by Amazon, said a trademark infringement lawsuit (docket 6:23-cv-02247) that Amazon removed Monday from the 9th Judicial Circuit Court in Orange County, Florida, to U.S. District Court for Middle Florida in Orlando.

Clemons, a “respected beautician in her community” with a salon and an online beauty supplies business, sustained injury to her image, brand and marketability “by being falsely advertised as promoting and wearing a wig,” said the complaint. The promotion or advertising of the wrong product in Clemons’ profession, “or being affiliated with a disreputable industry can negatively impact a beautician’s earning potential, business opportunities and reputation,” it said.

Infringing items sold on Amazon have characteristics that are “deceptively misleading and confusing to the public” because they use Clemons’ image and likeness that give the false impression that they are associated with, endorsed by or used by Clemons, the complaint said. Amazon pirates Clemons’ image and persona “for commercial gain without permission, consent or a license to do so,” and without compensating her, it said.

Clemons, an Orange County, Florida, resident, asserts that Amazon is pirating her right to publicity “by failing to source” items only from authorized manufacturers and resellers who have obtained licenses and consent from her to advertise and sell their products, it said. Amazon deliberately attempts to “confuse and deceive the public” as to Clemons’ endorsement of infringing products, it said.

Amazon never negotiated for purchase of Clemons’ images, nor did it seek consent or authority through appropriate channels to use her images for any purpose, the complaint said. As a result of Amazon’s “unlawful infringing activities,” Clemons has suffered “irreparable harm” because of improper and unauthorized use of her image to advertise, promote and sell the infringing products on Amazon Marketplace, the complaint said.

Clemons alleges Amazon violated her right to publicity under Florida statute 540 section 08, for unauthorized publication of a name or likeness. She also asserts violations of section 43(a) of the Lanham Act for false advertisement and endorsement, Florida’s Deceptive and Unfair Trade Practice Act, the common law right to publicity and unjust enrichment. She seeks an accounting of all sales by Amazon of infringing items; compensatory, actual and treble damages; and attorneys’ fees and costs.