Ashley Alexandra Dupre is outraged. Outraged. After working as a high-priced prostitute and been advertised on the Internet for shopping Johns, Dupre was shocked to learn that an earlier video that she made with Girls Gone Wild is being marketed by the company. Unfortunately, it may not be possible for both Dupre and GGW founder Joe Francis to lose, but here’s hoping . . .
Dupre is suing GGW and Francis in Miami. GGW insists that she signed a waiver to appear partially nude in the 2003 video. As in past cases against GGW, here, Dupre is insisting that she was was on spring break and drunk at the time — making the waiver invalid due to incapacity.
The common law protects people from the use of their name or likeness. Most states require some form of commercial use to be actionable. This privacy tort is also called the right to publicity.
Not all women have failed in lawsuit against GGW. In a recent case in Virginia Beach, a jury ordered
the company to pay $60,150 for filming and using the image of Debbie Aficial, 26 without her written consent. The judgment against Mantra Films Inc. to included $150 in compensatory damages and $60,000 in punitive damages. (Notably, this award does not comply with the rough ratio of 10-1 compensatory/punitive damages set by the Supreme Court and could have been challenged on that basis by GGW). For the full story, click here. Of course, Francis has himself been in considerable legal trouble including a recent jail stint. Click here.
The jury returned its verdict after deliberating for about two hours. The trial began Tuesday.
The California company travels the country to videotape young women exposing their breasts at events and venues such as Mardi Gras and spring break beach resorts.
“They needed a smack-down, and they got one,” said Kevin E. Martingayle, attorney for Debbie Aficial, 26. “Maybe they should stay in California from now on”
She now wants $10 million. I am sure it is not about the money, it is the principle.
For the full story, click here.
“They needed a smack-down, and they got one,” said Kevin E. Martingayle, attorney for Debbie Aficial, 26. “Maybe they should stay in California from now on”
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Nothing quite like a little Virginia smugness, parochialism and street banter to go with the victory (I can say that as a native born, you know). My guess: it’s either overturned or ultimately remitted to about $25,000.00, and Mr. Martingayle can lament that he is not in California where the verdict would be about five times as much. West Virginia may be “almost heaven,” but we Virginians know where the real place lies and it’s east of WVA not north! [Wish I had a smug smiley face to insert here]
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