Katherine Heigl has filed a $6 million lawsuit against New York pharmacy, Duane Reade; she accuses the pharmacy of using her photo for advertising purposes without permission, according to Reuters.
In her lawsuit, filed in federal court in Manhattan on Wednesday, the former "Grey's Anatomy" actress claims that a member of the paparazzi took photographs of her leaving the NYC store last month and the chain posted it on its Twitter and Facebook accounts without her consent.
"Love a quick #DuaneReade run? Even @KatieHeigl can't resist shopping #NYC's favorite drugstore," read a tweet posted March 18 on Duane Read's Twitter account.
In the photo, Heigl, the star of the films "The Ugly Truth" and "Life as We Know It," is seen holding two Duane Reade shopping bags outside of the store. The lawsuit stated that she was photographed while filming a new television series.
She claims that the defendant has violated the false advertising provision of the Lanham Act and the New York civil rights statutes protecting use of likenesses for purposes of trade. Heigl's 15-page lawsuit stated that the photo was used to "imply falsely that Plaintiff endorses Defendant."
"The Heigl photograph is a typical 'paparazzi' shot, depicting plaintiff walking on the street in New York City, in a private moment looking away from the camera," court documents stated, according to the New York Daily News. "Use of plaintiff's image under these circumstances improperly exploited plaintiff's name and likeness, as a celebrity, for defendant's commercial advertising and purposes of trade, without authorization."
Heigl's lawsuit added that she is "highly selective and well compensated" when she endorses a brand, according to Reuters. TMZ stated that the actress is "a highly successful television and motion picture actress, producer and celebrity" who "continues to be in high demand in the entertainment industry."
"We expect Duane Reade to pay for its willful misuse of Katherine Heigl's name and likeness," Heigl's lawyer, Peter Haviland, adding that the actress will donate money recovered from the lawsuit to her favorite charity, the Jason Debus Heigl Foundation, dedicated to finding loving homes for dogs in need of care.
