Four professional models who allege a gentleman’s club in West Los Angeles wrongfully used their photos to promote the establishment on social media without their permission in 2015-16 are collectively entitled to $95,000 in damages, an attorney told a jury Thursday, but a lawyer for the club disputed the claims of harm.
Lawyer Zachary Page, representing plaintiff Timed Out, addressed a Los Angeles Superior Court jury hearing closing arguments in his client’s case against Prisma Entertainment LLC, owners of the Plan B club. Timed Out acquires and pursues claims for rights-of-publicity violations by third parties made by clients such as the four models in this case, Jessica Killings, Kristina Chai, Katarina Van Derham and Leanna Decker.
“It was wrong for Prism to use the models’ images,” Page said.
But Prisma Entertainment attorney John C. Griffin said all four models are doing well and that there is no evidence the use of their images by Plan B has hurt their careers.
Two months after Timed Out filed suit in June 2017, Prisma filed a cross-complaint against social media strategy and publicity firm Chippewa, seeking reimbursement for any damages Prisma may have to pay. Judge Gregory Keosian told jurors before opening statements Tuesday that the cross-complaint was resolved before trial, as were the claims of models Kimberly Cozzens and Ursula Mayes, who previously were plaintiffs in the suit.
Page said the fair market value of the use of the models’ images by Prisma amount to $60,000 for Van Derham, $10,000 each for Chai and Killings and $15,000 for Decker, the only model who did not testify during trial.
Page also chided the defense description of Plan B as a fine-dining establishment, saying he would be in trouble if he took his wife there for their upcoming anniversary.
But Griffin said Killings and Chai both testified they have more followers on the social media now than they did before Plan B used their photos. He also said Van Derham has an upcoming film role.
Griffin also told jurors that Killings acknowledged having hosted an event at a gentleman’s club and that she had once worked as a stripper.
In her testimony, Killings said she danced nude during the recession after her work as a car saleswoman failed to produce sufficient income.