Gordon Rees Scully Mansukhani Partner Hiawatha Northington II recently obtained a victory in the Mississippi Court of Appeals on behalf of the firm’s client, a high-profile entrepreneur and reality television celebrity.
In this case, the plaintiff, a model, alleged that GRSM’s client, the founder and owner of a successful premium hair extension and hair care product business and star of a reality television show, used photographs and images of her without permission and that in doing so, committed the tort of invasion of privacy under Mississippi law. The plaintiff claimed that the client intentionally appropriated her image for commercial gain and sought damages in excess of $500,000.
The facts demonstrated that GRSM’s client had hired the plaintiff as a model and brand ambassador for her products. As part of the plaintiff’s employment, the client arranged for a series of photographs to be taken of her, not only to be used for marketing purposes, but also to further the plaintiff’s modeling career. In exchange, the plaintiff received all-expense paid trips and photo shoots, hair products, and cash compensation, in addition to a job working in the client’s retail location. Evidence at trial established that the plaintiff not only consented to the eventual use of the photographs in conjunction with the business, but also selected the photographs to be used herself. Further, during the time that the photographs were used, the plaintiff never complained about their use in a commercial setting. In fact, to the contrary, she acknowledged the existence of the photographs on her own social media, and she routinely expressed her happiness at being a model for the client and at the level of exposure she received for being associated with the client’s business.
Nonetheless, despite the weight of evidence presented, the jury returned a verdict in favor of the plaintiff in August 2024, which was later reduced by the trial court. On appeal, Northington argued that under well-established Mississippi precedent, reversal of the verdict was warranted and judgment should be entered for the client. The Mississippi Court of Appeals agreed, ruling that the plaintiff failed to present sufficient evidence to establish a prima facie case of invasion of privacy based on appropriation of the plaintiff’s likeness for commercial gain. Of note, the Court of Appeals emphasized that the evidence clearly established that the plaintiff consented to the use of her photographs and images for business promotion, reversing the verdict and rendering judgment in favor of GRSM’s client.
GRSM’s victory showcases the firm’s ability to effectively defend its clients in non-traditional, highly contested matters through trial and completion of the appellate process.