Chicago Business Litigation Lawyer Blog
It is common practice for companies selling a variety of products and services to enlist the help of a public figure in promoting their brand. This type of advertising can be especially effective with beauty products, fragrances, and food and beverages, but a celebrity endorsement is a partnership. In exchange for allowing the company to use their name and/or likeness, the celebrity usually receives a cut of the profits, whether that’s in the form of royalties, shares in the company, or just a straight endorsement payment.
But Venus Legacy allegedly did not provide Sofia Vergara with payment in any form, or even obtain her permission before using pictures of her in their advertising.
Vergara initially posted a selfie on Instagram of herself getting a Venus Legacy massage in 2014. Vergara said in her complaint that, at the end of the day, she didn’t like the treatment and it didn’t give her the results she wanted. She further stated she would not use the service again and would never endorse it.
Despite these statements, Vergara’s selfie allegedly appeared on an “Extra” TV segment, along with other photos of Vergara that made it look as though she was endorsing the treatment Venus Legacy offers. These photos allegedly appeared on everything from Venus’s Facebook page to the Lavoro Laser website and Beauty Fix Medspa’s profile page on Twitter. Continue reading ›