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11 April 2014Copyright

Hollywood actress in image rights dispute

US actress Katherine Heigl has filed a multi-million dollar lawsuit against a chain of pharmacies accusing it of using her image without permission.

In a complaint, filed at the US District Court for the Southern District of New York, the actress said she was photographed in New York carrying bags from the Duane Reade chain of pharmacy stores.

Heigl says the company tweeted the picture at her and that, despite her sending a cease-and-desist letter ordering the removal of the photograph, it continued to use the image for its own “commercial gain” on Twitter and Facebook.

She is seeking $6 million in damages.

“Love a quick #DuaneReade run? Even @KatieHeigl can't resist shopping #NYC's favourite drugstore,” the original tweet accompanying the picture said.

The photograph, which was taken from the Just Jared celebrity website, was then allegedly widely shared on Twitter and various other social media sites as well as the company’s official social media pages.

The 35-year-old has starred in films including Knocked Up and Life as We Know It.

“As a consequence of her work in the entertainment and philanthropic worlds, [Heigl] is a highly recognised celebrity… When plaintiff chooses to endorse a product or service, she is highly selective and well compensated,” the complaint, filed on April 9, said.

It added that the use of the image “improperly exploited plaintiff’s name and likeness, as a celebrity, for defendant's commercial advertising and purposes of trade, without authorisation.”

The complaint said Heigl intends to donate all proceeds from the lawsuit to The Jason Debus Heigl Foundation, which was established in 2008 after her brother was killed in a car accident.

“Duane Reade is liable for not less than $6 million in compensatory and … damages,” the complaint added.

Duane Reade Inc is yet to give a statement in response.

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