Latrice Rogers will not have to pay $150,000 to a model she used to promote her business after the Mississippi Court of Appeals reversed a lower court verdict.
Ada Green sued Rogers in Hinds County Circuit Court for damages as the plaintiff alleged Rogers used her likeness in advertising for Rogers' salon, Goddess of Great Lengths. A jury agreed with Green in 2024 and awarded a $150,000 verdict against Rogers. Rogers appealed to the Court of Appeals.
The Court said Green must prove Rogers used her name and likeness without consent for a commercial enterprise i.e. the salon. Green's image was used in the advertising, thus the issue is whether she consented to its use.
Rogers testified Green was a "brand ambassador" for the salon from 2016 to 2018. The opinion states:
The record reflects that Green modeled in two different photo shoots in Atlanta, one in 2016 and another in 2018. Rogers testified that she paid for the photo shoots and that she also paid for Green’s travel to and from the photo shoots.
Green never asked Rogers to take down the photographs until she sent a cease and desist letter in 2022, years after the photo shoots. Green and Rogers appeared on a reality tv show, The Belle Collective, together as well. Rogers claimed Green never asked for payment for the photos but instead accepted free services at the salon as compensation.
The Court agreed with Rogers:
we find that Green failed to present sufficient evidence to establish a prima facie case of invasion of privacy based on appropriation of Green’s likeness for commercial gain. As stated, in order to prevail on her claim, Green had to show that the Appellants appropriated Green’s name or likeness without consent for use in a commercial enterprise. Brasel, 976 So. 2d at 392 (¶7). The evidence presented at trial showed that Green consented to the Appellants’ use of her modeling photographs to promote their products; therefore, Green failed to meet her burden of proof as to the element of consent. The testimony showed that Green willingly participated in photo shoots while modeling the Appellants’ hair products, and she understood that these photographs would be used for a commercial purpose related to the Appellants’ business. Green reviewed the modeling photographs and told the Appellants which ones she liked. Green admitted that she never objected to the Appellants’ use of the photographs on billboards, flyers, or vending machines to promote their hair products and that she did not ask the Appellants to take her images down until she sent the cease and desist letter in 2022, approximately six years after the first photo shoot. Green’s social media posts showed that Green took pictures of the Goddess of Great Lengths billboards, flyers, and vending machines featuring her modeling photographs and posted them on her personal social media accounts. Green admitted that seeing herself pictured on billboards, flyers, and vending machines advertising the Appellants’ products made her feel happy and proud.
The Court overturned the verdict on a vote of 8-1. Attorney Terris Harris represented Rogers while Hiawatha Northington II represented Green.
1 comment:
It likely cost her $30,000 to avoid paying $150,000. Gots to pay the sharks.
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