Playmates, Models Score Legal Win Over Florida Strip Clubs' 'Misleading' Ads

Playmates, Models Score Legal Win Over Florida Strip Clubs' 'Misleading' Ads

JACKSONVILLE, Fla. — Two Playboy Playmates and seven other models were awarded $150,000 by a federal jury this week after a lengthy lawsuit against two Florida strip clubs which made unauthorized use of their images to promote events.

The nine models — including Playmates Jessica Burciaga and Sara Underwood, NFL cheerleaders and actresses — sued Michael Tomkovich, owner of Florida strip clubs Flash Dancers and Thee Officers Club, in 2016 over Facebook ads which his venues ran between 2013 and 2015.

The lawsuit alleged that Tomkovich deliberately created the “false and misleading appearance” that the models were featuring or dancing at those clubs.

Though the jury did not find that the models suffered actual damages, they did award them statutory and reasonable royalty damages. They were individually awarded between $10,000 and $30,000.

Part of their allegations was that the Facebook ads implied that the models supported “a salacious strip club lifestyle." A “Twisted Tuesday” ad presented as evidence featured an unauthorized photo of model Jamie Eason with the copy "We have Lauren behind the bar making all those signature drinks you enjoy and DJ Chris in the booth all night!"

The clubs were found in breach of “right of publicity” legislation, which includes the federal Lanham Act (the Trademark Act of 1946) and several state laws. Many celebrities and reality stars protect their lucrative images vigorously in what has become a cottage industry for enterprising attorneys. In 2018 alone, for example, Carmen Electra filed at least 21 trademark suits.

The nine models in the Florida suit, known as Paola Canas et al. v. Flash Dancers Inc. et al., were represented by San Diego-based Casas Law Firm PC, which specializes in that type of litigation.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Angel Windell, Katie Davis Headline Latest 'Lesbian Seductions'

Angel Windell and Katie Davis topline the 80th edition of “Lesbian Seductions,” from Girlfriends.

ERIKALUST Releases 'Texas Ride 'Em'

ERIKALUST has released its latest scene, “Texas Ride ‘Em.”

Ema Karter Makes Her Blacked Debut

Ema Karter has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Jax Slayher.

Scarlett Alexis Featured, Anna Claire Clouds Guest Hosts on 'Adult Time Podcast'

Scarlett Alexis is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills and guest host Anna Claire Clouds.

Penthouse Names Krystal Harper Its November 'Pet of the Month'

Penthouse Magazine has named model Krystal Harper as Pet of the Month for November.

Sinatra Monroe Toplines New Digital Playground Comedy 'Single Minded'

Sinatra Monroe headlines the new comedy feature from Digital Playground, titled "Single Minded."

Adult Time Launches New Series 'Preggo World'

Adult Time has released the first episode of its new series “Preggo World,” titled “18 & Pregnant.”

Alexis James Makes Her Tushy Raw Debut

Alexis James has made her debut for Vixen Media Group (VMG) studio imprint Tushy Raw, alongside Victor Ray.

Lucy Hart Stars in Mainstream Slasher Flick 'Director's Cut'

Longtime performer Lucy Hart has stepped outside the world of adult to star in "Director's Cut," a new mainstream slasher movie that premiered this weekend in theaters across the U.S.

Show More