Advertising, Lawsuit of the Day, Sex, Sex Scandals, Tort Reform, Videos

Lawsuit of the Day: Model Files Suit Over Super-Sexy Spot(No, Not That Spot. Jeez. You're Such a Sicko.)

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We weren’t surprised to see this case get a shout-out on I Am Lawsuit Abuse. From the AP:

A model who says she has worked hard to maintain a wholesome image has filed a $5 million lawsuit complaining that a jewelry company’s video advertisement in which she writhes and moans looks pornographic.

The commercial, seen on the Internet in a clip entitled “Rock Her World,” shows a woman wearing blue lacy lingerie and a diamond necklace while moaning and stroking her face and neck. It ends with the Web address for the jewelry company, Szul.com.

The 37-year-old woman claims in her lawsuit that she did not “consent to or authorize the use of her likeness, picture, image or name to simulate a female having an orgasm or otherwise experiencing sexual pleasure.”

Actually, we prefer the description of the New York Daily News:

The 35-second “Rock Her World” spot features the model rubbing her teal teddy and purring with pleasure to the hard-grinding sounds of a guitar as the slogan, “Jewelry works every time” pops up onscreen.

But look, no need to rely on print descriptions of the ad. One of the beauties of the internet as a medium is that, when it comes to audio or video, you can judge for yourself. So check out the clip — which, we warn you, is quasi-NSFW (at least with the sound turned on) — over at Blogonaut.
Done watching? Okay. We concur with our fellow blogger:

[W]e find it hard to believe that Jane Doe’s behavior on the ad could be taken for anything resembling the “wholesome” persona she claims was maligned. What could she have been thinking when she made the ad?

Indeed. What exactly did she think she was advertising when she consented to be filmed, clad in pastel lingerie, writhing on a bed? Anti-epilepsy drugs?
Anyway, casting directors, consider yourselves warned. If the woman from the Szul Jewelry ad shows up for your casting call, don’t even think of using her in that Herbal Essences ad.
Oh, and the “I’ll have what she’s having” scene from When Harry Met Sally? NOT FUNNY.
Update: Ted Frank has written about the case at Overlawyered. We like the title of his post, as well as this quip: “And, of course, she didn’t have to roll around on the bed in the first place.”
But he notes, in fairness, that the model-plaintiff is claiming no release (hehe). That might be a legitimate basis for a lawsuit.
Model’s suit: You used the video you took of me [Overlawyered]
NY Model Sues Jewelry Co for $5M Over R-Rated Web Ad [Blogonaut]
Model sues Szul Jewelry over Web ad [New York Daily News]
NY Lawsuit: My Commercial Looks Lewd [Associated Press]
Rock Her World [YouTube (mildly NSFW)]

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