On March 31, 2008, renowned actor/director Woody Allen filed a lawsuit against American Apparel Inc. (AAI), alleging the clothing manufacturer used his image and likeness on their billboards without his consent. Allen, who filed the suit in US District Court in Manhattan, seeks exemplary, punitive, and compensatory damages in the amount of at least $10 million, for right of privacy violations under state law and false advertisement violations under the Lanham Act.

AAI is one of the largest clothing manufacturers in the United States and is responsible for creating its own marketing and advertising initiatives. While the company’s founder and CEO has been subject to scrutiny over the brand’s racy advertisements, this is the first time the company has allegedly misappropriated a celebrity’s image. The billboard advertisements at issue feature an image of Allen from one of his films, Annie Hall, surrounded by text in Yiddish, which translates to mean “the Holy Rebbe.” The billboard was publicly displayed in New York City and Hollywood, both cities in which Allen asserts he is especially recognizable because of his reputation in the entertainment industry. The advertisement was also shown on the Internet.

Allen alleges that the use of his image and likeness on AAI billboards without his consent falsely implies that Allen endorsed the brand, which is known for its use of provocative images in advertising. This alleged conduct potentially violates the right of privacy provisions of New York’s Civil Rights Laws. Furthermore, a jury could find that AAI’s conduct is deceiving and confusing because it falsely represents to the public that Allen sponsors, endorses, or is associated with the brand, in violation of Section 43a of the Lanham Act. Section 43a prohibits false or misleading representations in commercial advertising that “[misrepresent] the nature, characteristics, qualities, or geographic origin of . . . goods, services or commercial activities.” Allen requests a jury trial in the case, in addition to damages and attorneys’ fees.

If you have questions, please contact Anthony Lupo or Sarah Bruno.

Anthony V. Lupo
lupo.anthony@arentfox.com
202.857.6353

Sarah L. Bruno
bruno.sarah@arentfox.com
202.775.5760