1. 1 UNITED STATES DISTRICT COURT
2 MIDDLE DISTRICT OF FLORIDA
3 TAMPA DIVISION
4LARA JADE COTON,
5 Plaintiff,
6 v. CASE NO. 09-CV-4532
7
8TELEVISED VISUAL X-OGRAPHY
9INC., d/b/a TVX, Inc.,
10 Defendant.
11
12 COMPLAINT
14 Plaintiff, Lara Jade Coton (“Lara Jade”) hereby sues Defendant, Televised
15Visual X-Ography, Inc., d/b/a TVX, Inc. (“TVX”), and alleges as follows:
16 Preliminary Statement
17
18 1. This case arises out of TVX’s unauthorized use of Lara Jade’s original
19photographic creation—a self-portrait taken when Lara Jade was just 14 years old—as
20the cover art for a pornographic DVD entitled "Body Magic."' Lara Jade’s photograph
21and image were used and continue to be used by Defendant as the main label of the
22"Body Magic" DVD and in related sales and marketing materials.
23 The Plaintiff
24 2. Lara Jade is a resident of England and a citizen of the United Kingdom. She
25 is a citizen of a foreign state within the meaning of 28 U.S.C. § 1332(a)(2). She is
26 over eighteen years of age.
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2. 1 3. Lara Jade is a talented and accomplished fashion and portrait photographer who
2 took up photography when she was only fourteen years old. Her original photographic
3 work can be seen at her website, "Lara Jade Photography," at www.larajade.com . Lara
4 Jade’s photography is also displayed and offered for sale on deviantArt.com, an online
5 artistic community, at http,//larafairie.deviantart.com/store/.
6 4. Even at her young age, Lara Jade has already enjoyed a remarkable level of
7 critical success. Her work has been featured in a number of magazines devoted to the
8 art and profession of photography. In addition, Lara Jade and her work have been
9 featured in numerous news items and reviews.
10 5. Lara Jade has also realized some financial success as the result of her
11 photographic and artistic abilities. Nearly 1,000 copies of Lara Jade’s photographic
12 works have been sold on her website alone, and Lara Jade has been hired for many
13 commissioned projects.
14 The Photograph - "No Easy Way Out"
15 6. In 2004, when she was fourteen (14) years old, Lara Jade took a self-
16 portrait. The photograph was taken and processed in the United Kingdom, and the
17 photograph was first printed and published in the United Kingdom.
18 7. The self-portrait is entitled "No Easy Way Out.” A true and correct copy of
19 the photograph, "No Easy Way Out," is attached as Exhibit "A."
20 8. The photograph, "No Easy Way Out," has never been licensed, approved, or
21 authorized by Lara Jade for use in any manner whatsoever by these Defendants, and
22 certainly not for use in conjunction with the manufacture, distribution, sale, or
23 marketing of pornographic videos in general or the pornographic video "Body
24 Magic."
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3. 1 The Defendant
2 9. The Defendant, TVX, is a Nevada corporation with its principal place of
3 business located at 1707 Post Oak Road, Suite 252, Houston, Texas 77056. For
4 purposes of 28 U.S.C. § 1332, TVX is a citizen of the state of Nevada and a citizen of
5 the State of Texas.
6 Count I – Statutory Misappropriation of Image
7 10.This is an action against TVX for statutory misappropriation of Lara Jade’s
8 photograph, image, and likeness pursuant to Fla. Stat. § 540.08.
9 11.Lara Jade realleges paragraphs 1 through 9.
10 12.TVX published, printed, displayed, or otherwise publicly used Lara Jade’s
11 photograph and likeness, without her express written or oral consent, for purposes of
12 trade or for other commercial or advertising purposes by, among other things:
13 a.printing and copying Lara Jade’s photograph, image, and likeness and
14 utilizing it for the cover of the "Body Magic" DVD;
15 c.printing and copying Lara Jade’s photograph, image and likeness and
16 utilizing it for the face art of the "Body Magic" DVD;
17 d.printing and copying Lara Jade’s photograph, image and likeness and
18 uploading it to the internet sites owned and operated by TVX for purposes of
19 advertising and marketing the "Body Magic" DVD;
20 e.Permitting and encouraging other persons, firms and entities to utilize Lara
21 Jade’s photograph, image and likeness on internet sites owned or operated by them,
22 and making Lara Jade’s photograph and likeness available to such other persons, firms
23 or entities, for purposes of advertising and marketing the "Body Magic" DVD; and
24 f.Intentionally and purposefully continuing to utilize Lara Jade’s photograph,
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4. 1 image, and likeness for commercial or advertising purposes in connection with the
2 sale and distribution of the "Body Magic" DVD even after being notified by Lara Jade
3 of TVX’s unauthorized use and representing to Lara Jade that TVX would cease its
4 unauthorized use of her image and likeness.
5 13.The referenced acts by TVX violate Fla. Stat. § 540.08 and have damaged
6 Lara Jade, and Lara Jade has no adequate remedy at law to prevent the ongoing and
7 continuous conduct of TVX.
8 14.Lara Jade is entitled to the remedies provided in Fla. Stat. § 540.08.
9 WHEREFORE, Lara Jade demands judgment against TVX for (1) actual
10 damages, including an amount which would have been a reasonable royalty for the
11 use of Lara Jade’s photograph, image and likeness; (2) punitive damages as provided
12 by law; and (3) temporary and permanent injunctive relief to enjoin the unauthorized
13 conduct of TVX.
14 Count II - Common Law Misappropriation of Image
15 15.This is an action against TVX for common law misappropriation of Lara
16 Jade’s photograph, image, and likeness.
17 16.Lara Jade realleges paragraphs 1 through 9.
18 17.TVX published, printed, displayed, or otherwise publicly used Lara Jade’s
19 photograph, image, and likeness, without her express written or oral consent, for
20 purposes of trade or for other commercial or advertising purposes by, among other
21 things:
22 a.printing and copying Lara Jade’s photograph, image and likeness and
23 utilizing it for the cover of the "Body Magic" DVD;
24 b.printing and copying Lara Jade’s photograph, image and likeness and
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5. 1 utilizing it for the face art of the "Body Magic" DVD;
2 c.printing and copying Lara Jade’s photograph, image and likeness and
3 uploading it to the internet sites owned and operated by TVX for purposes of
4 advertising and marketing the "Body Magic" DVD;
5 d.Permitting and encouraging other persons, firms, and entities to utilize Lara
6 Jade’s photograph, image and likeness on internet sites owned or operated by them,
7 and making Lara Jade’s photograph and likeness available to other persons, firms, or
8 entities, for purposes of advertising and marketing the "Body Magic" DVD.
9 e. Intentionally and purposefully continuing to utilize Lara Jade’s
10 photograph, image, and likeness for commercial or advertising purposes in
11 connection with the sale and distribution of the "Body Magic" DVD, even after Lara
12 Jade notified TVX of its unauthorized use and TVX represented to Lara Jade that
13 TVX would cease its unauthorized use.
14 18.The referenced acts by TVX constitute misappropriation of Lara Jade’s
15 photograph, image, and likeness for commercial purposes without her consent. The
16 acts have damaged Lara Jade, and Lara Jade has no adequate remedy at law to prevent
17 the ongoing and continuous conduct of TVX.
18 19.TVX, through its principals, had actual knowledge of the wrongfulness of its
19 conduct and of the high probability that injury or damage to Lara Jade would result,
20 and despite that knowledge, TVX intentionally pursued its course of conduct resulting
21 in injury or damage to Lara Jade. In the alternative, and even if TVX acted without
22 actual knowledge, its conduct was so reckless or wanting in care that it constituted
23 conscious disregard for, or indifference to, the rights of Lara Jade. As a result, Lara
24 Jade is entitled to recover punitive damages against TVX.
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6. 1 WHEREFORE, Lara Jade demands judgment against TVX for (1) actual
2damages; (2) punitive damages as provided by law; and (3) temporary and permanent
3injunctive relief to enjoin the unauthorized conduct.
4 Count III - False Light Invasion of Privacy
5 20.This is an action for damages against TVX for false light invasion of
6 privacy.
7 21.Lara Jade realleges paragraphs 1 through 9.
8 22.The use of Lara Jade’s photograph, image and likeness on the cover of the
9 "Body Magic" DVD, face art, internet advertising, and other sales and marketing
10 materials places Lara Jade before the public in a false light by, among other things:
11 a. suggesting to the public the Lara Jade was involved with or a participant
12in the pornographic activity depicted and described on the remainder of the "Body
13Magic" DVD cover and in the "Body Magic" movie contained therein;
14 b. suggesting to the public that Lara Jade was involved with or a participant
15in the pornographic movie industry, as an actor or otherwise; and
16 c. suggesting to the public that Lara Jade had authorized or consented to the
17use of her photograph and likeness in connection with the sales and marketing of
18pornographic movies in general and of "Body Magic" in particular.
19 23.Such a portrayal of Lara Jade constitutes a gross misrepresentation of her
20 character, history, activities and beliefs, is highly offensive to Lara Jade and would be
21 highly offensive to a reasonable person.
22 24.TVX knew of the false light in which the actions and conduct of its principals
23 would place Lara Jade, or acted in reckless disregard of the consequences of their
24 actions and conduct.
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7. 1 25.As a result of the actions and conduct of TVX, Lara Jade has suffered
2 damages.
3 26.TVX, through its principals, had actual knowledge of the wrongfulness of
4 their conduct and of the high probability that injury or damage to Lara Jade would
5 result and, despite that knowledge, intentionally pursued their course of conduct
6 resulting in injury or damage to Lara Jade. In the alternative, even if they acted
7 without such actual knowledge, the conduct of TVX was so reckless or wanting in care
8 that it constituted a conscious disregard for or indifference to the rights of Lara Jade.
9 As a result, Lara Jade is entitled to recover punitive damages against TVX.
10 WHEREFORE, Lara Jade demands judgment for damages, including actual,
11compensatory and punitive damages, against the Defendant TVX, an award of the costs
12of this action, and such further relief as the Court deems appropriate.
13 DEMAND FOR JURY TRIAL
14 27.Pursuant to Fed. R. Civ. P. 38, Plaintiff Lara Jade Coton hereby demands a
15 trial by jury on all issues so triable.
16 s/ Richard A. Shmidt_________________
17 RICHARD A. SCHMIDT
18 Florida Bar Number: 510948
19 Allen Dell, P.A.
20 202 South Rome Ave., Ste. 100
21 Tampa, Florida 33606
22 Counsel for Plaintiff
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