A number of models, including first-named plaintiff Dessie Mitcheson, sued Springfield 2019s Aquarius Nightclub and its owner for false advertising and false association under the Lanham Act, as well as common law and statutory right of privacy, common law right of publicity and statutory unauthorized use of an individual 2019s name, portrait or picture in connection with the nightclub 2019s alleged use of photographs of the models in their advertising and promotional material. The models, who model for magazines such as Maxim, Stuff, Playboy and Glamour and appear in music videos, advertisements, assert that their being falsely associated with Aquarius, a strip club, injures their professional reputations and was done without their knowledge or consent and without payment. In addition to the above claims, the plaintiffs bring counts for conversion, unjust enrichment, quantum meruit and negligence.
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