Model/actress Berenice Mosca is suing L’Oreal USA Inc., Wal-Mart Stores Inc. and advertising firm R/GA Media Group Inc. for using her image without the authorization to do so. In her complaint, which was filed in U.S. District Court for the Central District of California in Los Angeles this week, Mosca claims she is “a professional model who has appeared in numerous advertisements, including in television commercials, print advertising campaigns, and Internet advertising campaigns that have run throughout the U.S. and the world.” She is alleging that the defendants used her image to advertise and sell cosmetics, and she wants $1.6 million in damages.
According to Mosca’s complaint:
In 2011 and early 2012, L’Oreal engaged in knowing and intentional infringements of [her] image and identity to market and sell L’Oreal’s cosmetic products … [Mosca] demanded that L’Oreal stop its practices immediately, and pay her a settlement to compensate her for its infringements. L’Oreal agreed, and the parties entered into a settlement agreement … and L’Oreal paid [Mosca] a monetary sum.
It appears L’Oreal is up to its old ways, as it has authorized the use of her image on Wal-Mart’s website in connection with its products, which Mosca claims is a “substantial expansion of the use of her image,” as Wal-Mart is “the world’s largest retailer.” More to come, IF the parties don’t settle out of court, which they likely will.
Oh, and if this lawsuit sounds familiar, that is is because a group of models filed a multi-million dollar class action lawsuit in New York Supreme Court in October 2013 against over seven model management companies, two advertising firms, L’Oréal USA Inc. and Procter & Gamble, for failing to compensate the models for the repeated use of their photos in L’Oreal advertising.