CYNTHIA CHEATHAM, PLAINTIFF V. PAISANO PUBLICATIONS, INC. and T-SHURTE'S, DEFENDANTS, 891 F. Supp. 381

Summary

Plaintiff sued for the unauthorized publishing of her photograph by the shirt company, and the subsequent use of a similar photo design on shirts sold and manufactured by the company. The company sought dismissal of her complaint. The court granted the company's motion against all of plaintiff's claims, except her claim of appropriation of image. The image was one of plaintiff's buttocks, although she had not been identified. The taking of the photographs of plaintiff's bottom was not an unreasonable intrusion upon her seclusion where she wore the revealing clothes at biker conventions. Plaintiff's private life was not affected by unreasonable publicity. She wore the clothing to public events, and the company owner photographed her exactly as she appeared at the events. He made no assertions about her character, nor did he identify her. Plaintiff's own conduct and the company's inoffensive characterization led to the certain conclusion that there was no false light invasion of privacy ...