Models Sue Boca Raton Nightclub Over Unauthorized Use of Images

Two renowned models have initiated legal action against a Boca Raton nightclub, alleging unauthorized use of their images in promotional content.

 

Janet Guzman and Antje Utgaard filed a lawsuit on November 18th in Palm Beach County Circuit Court against One11 Boca LLC, now operating as Boca Luna Luxe Lounge.

 

The complaint asserts that the nightclub utilized their likenesses without consent to advertise events and specials, misleading patrons into believing the models were affiliated with the venue.

 

Janet Guzman, a Los Angeles-based model and prominent figure for Fashion Nova, boasts over 2 million Instagram followers.

 

Antje Utgaard, often referred to as "The Next Kate Upton," has appeared in major publications like Maxim and Sports Illustrated, amassing a social media following exceeding 7 million.

 

The lawsuit emphasizes that both models meticulously manage their personal brands and typically command substantial fees for endorsements.

 

According to the filing, One11 Boca allegedly used Guzman's image multiple times in May and June 2023 to promote "Fridays Latin Party," featuring her photo alongside drink specials.

 

Similarly, the club purportedly used Utgaard's image for a "Santa-Con" event in December 2021, even superimposing the "One11" logo onto her hat in the advertisement.

 

The models' attorneys argue that the nightclub's actions led to an "economic windfall" by falsely implying the models' endorsement, thereby circumventing standard negotiation processes and depriving the models of their right to decline association.

 

The lawsuit cites violations of Florida Statute § 540.08 concerning unauthorized publication of likenesses, as well as claims of invasion of privacy, conversion, and unjust enrichment.

 

The plaintiffs are seeking a jury trial and unspecified damages, including restitution of any profits the nightclub gained from the unauthorized advertisements.

 

As of Thursday morning, One11 Boca had not filed a response to the complaint.

 

This case underscores the importance of obtaining proper consent when using individuals' images for commercial purposes, highlighting the potential legal repercussions of unauthorized use.