“Modern Family” star says her image has been misappropriated for marketing campaign
Sofia Vergara says that Venus Concept has been all up in her face — and she’s suing to get them out of it.
The “Modern Family” star filed suit against Venus in Los Angeles Superior Court on Monday, claiming that her name, photograph, likeness and persona have been wrongfully used to promote their Venus Legacy products and services — and she wants at least $15 million in compensation.
In the suit, Vergara claims that she posted a selfie on Instagram prior to the Emmy Awards in 2014. She said it portrayed her receiving a skin treatment while a portrait of Marilyn Monroe looked on, with the caption, “What is so funny Marilyn?”
The actress claims that, months later, the Instagram post was featured on an episode of “Extra,” as a doctor for Venus Concept “promoted at length Venus Concept’s Venus Legacy non-surgical body contouring and skin-tightening treatment.”
The lawsuit says she would never endorse the Legacy treatment — because she tried it and didn’t like it.
“Vergara tried the Legacy treatment, but ultimately didn’t like it, finding that it was a waste of time and money with little in the way of any results — she would not use it again, and certainly would not endorse it nor agree to appear in an international advertisement campaign to promote it,” the lawsuit reads.
Nonetheless, the suit claims, Venus “commenced and began to engage in a scheme to usurp, use and exploit Vergara’s celebrity and universal recognition in a worldwide marketing campaign to market and advertise their products and services.”
Venus has not yet responded to TheWrap’s request for comment on the lawsuit.
Alleging misappropriation of common law right of publicity, Vergara is seeking damages that are “believed to be in excess of $15 million” — the rough amount that she would receive for engaging in print campaigns that she actually likes.
Pamela Chelin contributed to this report.