Professional Documents
Culture Documents
Plaintiffs,
v.
MILLION DOLLAR CORPORATION d/b/a/ Dandy Dan’s a/k/a Dandy Dan’s Gentlemen’s
Club,
Defendant.
Plaintiffs, Jaime Longoria, Abigail Ratchford, Ana Cheri, Emily Sears, Jaclyn Swedberg,
Lucy Pinder, and Rosie Roff, by and through their attorneys, BURG SIMPSON ELDREDGE
HERSH & JARDINE, P.C., hereby submit their First Amended Complaint and Jury Demand
against Defendant Million Dollar Corporation d/b/a Dandy Dan’s a/k/a Dandy Dan’s Gentlemen’s
INTRODUCTION
1. This is an action for damages and other relief under The Lanham Act arising from
the misappropriation, misuse, and alteration of Plaintiffs’ images by Defendant in order to promote
2. Defendant uses its Dandy Dan’s website and online social media marketing
platforms to market and advertise Dandy Dan’s as being “the best adult entertainment in town,”
with a “talented and beautiful staff” that “is dedicated to providing you with the highest quality
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services around,” and touting “a hundred gorgeous topless ladies to satisfy your dreams and
fantasy’s [sic].”
3. As a means of illustrating those claims and in an effort to drive traffic and economic
and commercial benefits to Dandy Dan’s, Defendant posted pictures of many women on its website
and social media platforms, including on Dandy Dan’s Twitter page/feed and Facebook page.
Defendant posted, and then continually maintained, on Dandy Dan’s Twitter page/feed, Instagram
“#StripClub,” and an invitation to the public to “Come in after the game to keep
“IF you got to pick ONE, who would it be?”; ‘The best girls in Denver are here
at Dandy Dan’s” ‘Hurry into Dandy Dan’s. The girls are waiting for you?”;
“Let’s start the #weekend off right.” “We have topless girls and are open until
2 AM.”; “Come check out some amazing curves at DD’s.”; “Get out of the snow
and warm up in Dandy Dan’s,”, along with hashtags that include #models,
“Come watch the Thursday night Football game at Dandy Dan’s with some hot
ladies.”; “We’re still open for another hour. Don’t miss out.”, along with
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#babes, #nightlife;
d. multiple images of Emily Sears, with accompanying captions that include: “It’s
cold out there. Let the Dandy Dan girls warm you up.”; “Come get ready for
your busy week at Dandy Dan’s.”, along with hashtags that include #models,
e. an image of Jaclyn Swedberg, with a caption that reads, “IF you got to pick
for a good night. Come to DD’s. We’re open until 2AM, along with hashtags
all of which creates a false impression that Plaintiffs worked at, would appear at, or were affiliated
5. Jaime Longoria, Abigail Ratchford, Ana Cheri, Emily Sears, Jaclyn Swedberg,
Lucy Pinder, and Rosie Roff are not employed by Dandy Dan’s, they do not strip or dance at
Dandy Dan’s, they do not affiliate themselves in any way with Dandy Dan’s or endorse its
6. Defendant did not have Plaintiffs’ permission to use their images or likenesses and
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7. Defendant has not compensated Plaintiffs for the use of their images or likenesses
8. Defendant knew that its use of Plaintiffs’ images and likenesses were unauthorized,
and knew that its use of Plaintiffs’ images would cause consumer confusion as to Plaintiffs’
10. This action seeks all actual and compensatory damages as compensation for
Defendant’s unlawful activities, the Defendant’s profits that are attributable to its unlawful use of
Plaintiffs’ images, likenesses, and identities, treble damages as well as attorney’s fees and costs,
and other such relief as would be fair and just to remedy Defendant’s unlawful acts, and to ensure
PARTIES
model, TV, radio, and media personality, former Miami Dolphins Cheerleader, and
model, actress, and social media personality residing in Los Angeles, California.
13. Plaintiff Ana Cheri is an internationally known and recognizable talent, model,
California.
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14. Plaintiff Emily Sears is an internationally known and recognizable talent, model,
model, actress, and social media personality residing in Los Angeles, California.
16. Plaintiff Lucy Pinder is an internationally known and recognizable talent, model
and actress, host, and social media personality residing in Winchester, England, United Kingdom.
17. Plaintiff Rosie Roff is an internationally known and recognizable talent, model,
18. Defendant Million Dollar Corporation d/b/a Dandy Dan’s a/k/a Dandy Dan’s
Gentlemen’s Club is a Colorado corporation, with a principal place of business and registered
19. Defendant owns and operates a strip club in Denver, Colorado, called Dandy Dan’s.
20. Jurisdiction in this case is based upon 28 U.S.C. § 1331, because Plaintiffs’ claims
21. The Court has personal jurisdiction over Defendant by virtue of its presence and
operations in Colorado, its state of creation and its principle place of business, by its transacting
business in Colorado, and by virtue of its improper acts and violations of The Lanham Act in this
state, all of which has caused Plaintiffs damages, and through regular, continuous, and systematic
contacts with Colorado such that this Court’s exercise of personal jurisdiction over Defendant is
proper, reasonable, and comports with traditional notions of fair play and substantial justice.
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22. Venue is proper in this Court because the Defendant resides in this district,
Defendant is subject to personal jurisdiction in this venue, and this district is where a substantial
part of the events or omissions giving rise to the claims stated herein occurred.
GENERAL ALLEGATIONS
23. The Defendant coordinates the advertising, marketing and promotional activities
for Dandy Dan’s through, among other things, active and dynamic use of Dandy Dan’s website
and various coordinated social media promotions through Facebook, Instagram, and Twitter,
24. Defendant’s marketing and promotional activities are publicly accessible through
the World Wide Web, various social media outlets, and affirmative prospect marketing.
25. Defendant further promote Dandy Dan’s business by and through the use of
marketing strategies and channels including, but not limited to, the following: the active use of
social media sites such as Instagram with 694 followers, Facebook with 6,258 followers, and
26. At all times relevant to this Complaint, Defendant had actual and exclusive control
over the contents contained within and/or displayed on each of these marketing channels.
27. Upon information and belief, Defendant manages, operates and/or controls a
which it promotes, endorses, and markets its business, solicits customers, and advertises events for
the Dandy Dan’s strip club, and particularly through the use of images of women in various stages
of undress.
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28. Defendant has at all times relevant to this Complaint exercised actual control over
the contents displayed on its Facebook page through its own personal acts of posting items on the
Facebook page, or by expressly permitting and condoning another person(s)’ act of posting items
29. The Dandy Dan’s Facebook page identifies Dandy Dan’s as being “the best adult
entertainment in town” with a “talented and beautiful staff” that “is dedicated to providing you
30. Upon information and belief, Defendant manages, operates and/or controls an
“Instagram account” (accessible via the Instagram Social Media Platform: Instagram at
its business, solicits customers, and advertises events for the Dandy Dan’s strip club, and
31. Defendant has at all times relevant to this Complaint exercised actual control over
the contents displayed on its Instagram account through its own personal acts of posting items on
the account, or by expressly permitting and condoning another person(s)’ act of posting items on
32. The Dandy Dan’s Instagram page/account identifies Dandy Dan’s as being “the
best adult entertainment in town” with a “talented and beautiful staff” that “is dedicated to
33. Upon information and belief, Defendant manages, operates and/or controls a
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solicits customers, and advertises events for the Dandy Dan’s strip club, and particularly through
34. Defendant has at all times relevant to this Complaint exercised actual control over
the contents displayed on its Twitter profile through its own personal acts of posting items on the
Twitter profile, or by expressly permitting and condoning another person(s)’ act of posting items
35. The Dandy Dan’s Twitter page/feed identifies Dandy Dan’s as being “the best adult
entertainment in town” with a “talented and beautiful staff” that “is dedicated to providing you
36. Upon information and belief, Defendant manages, operates and/or controls a
website (accessible via the URL www.dandydans.com), through which it promotes, endorses, and
markets its business and its social media sites, links to its Facebook page, solicits customers, and
37. The Defendant has at all times relevant to this Complaint exercised actual control
over the contents displayed on its website through its own personal acts of posting items on the
website, or by expressly permitting and condoning another person(s)’ act of posting items on the
website.
38. The Dandy Dan’s website identifies Dandy Dan’s as being “the best adult
entertainment in town” with a “talented and beautiful staff” that “is dedicated to providing you
with the highest quality services around,” and touting “a hundred gorgeous topless ladies to satisfy
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39. Defendant has used Plaintiffs’ images and likenesses in advertisement and
Plaintiffs Are Professional Models and Their Images Are Commercially Valuable
40. Jaime Longoria, at all times relevant to the claims herein, is a professional talent,
model, radio, TV, and media personality, who earns her living by, inter alia, modeling and selling
her image to companies and individuals for the advertisement of products and services.
41. Plaintiff Abigail Ratchford, at all times relevant to the claims herein, is a
professional talent, model, actress, and social media personality who earns her living by, inter alia,
modeling, and selling her image to companies and individuals for the advertisement of products
and services.
42. Plaintiff Ana Cheri, at all times relevant to the claims herein, is a professional talent,
model, social media personality, brand ambassador, and businesswoman, who earns her living by,
inter alia, modeling and selling her image to companies and individuals for the advertisement of
43. Plaintiff Emily Sears, at all times relevant to the claims herein, is a professional
talent, model, social media personality and influencer, who earns her living by, inter alia,
modeling, and selling her image to companies and individuals for the advertisement of products
and services.
44. Plaintiff Jaclyn Swedberg, at all times relevant to the claims herein, is a professional
talent, model, actress, and social media personality who earns her living by, inter alia, modeling
and selling her image to companies and individuals for the advertisement of products and services.
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45. Plaintiff Lucy Pinder, at all times relevant to the claims herein, is a professional
talent, model and actress, host, and social media personality who earns her living by, inter alia,
modeling and selling her image to companies and individuals for the advertisement of products
and services.
46. Plaintiff Rosie Roff, at all times relevant to the claims herein, is a professional
talent, model, actress, social media personality who earns her living by, inter alia, modeling and
selling her image to companies and individuals for the advertisement of products and services.
47. Plaintiffs earn a living by, inter alia, promoting their images and likenesses to select
clients, companies, commercial brands, media, social media and entertainment outlets for the
advertisement of products and services, as well as the promotion of their own reputation and brand
48. Plaintiffs’ careers in modeling, acting, and private enterprise have value stemming
from the goodwill and reputation they have built, all of which is critical to establishing a brand,
49. Plaintiffs’ images and likenesses have high commercial value and each Plaintiff
commands substantial sums of money for the licensed commercial use of their images.
50. A model’s reputation directly impacts the commercial value associated with the use
51. Plaintiffs are professional models in the ordinary course; they seek to control the
commercial use and dissemination of their images and identities, and, thus, actively participate in
vetting and selecting modeling, acting, advertising, brand spokesperson, or hosting engagements.
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52. The Plaintiffs rely on their professional reputation and own brand for modeling,
typically turns on the work a model is hired to do, the time involved, travel and
written agreement that defines the parties’ relationship, the terms and
industry, can severely impact a model’s career by limiting or foreclosing future modeling or brand
endorsement opportunities.
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enhance and amplify a model’s earning potential and career opportunities by making a model more
56. As set forth below, Plaintiffs’ images used by the Defendant to advertise and
promote Dandy Dan’s have been misappropriated by or at the direction of the Defendant without
their consent for use in its online marketing scheme designed to promote the Defendant’s Dandy
Dan’s business.
Defendant posted Plaintiff Jaime Longoria’s image on Defendant’s Twitter and Facebook social
media sites for the purpose of advertising and promoting Defendant’s strip club and soliciting
58. Attached as Exhibit 1 is a copy of Defendant’s use of Jaime Longoria’s image and
likeness on its Twitter and Facebook social media sites, which is hereby incorporated by reference.
59. On September 23, 2015, October 2, 2015, October 11, 2015, December 2, 2015,
February 1, 2016, and May 18, 2016, without her knowledge, consent, or authorization, Defendant
posted Plaintiff Abigail Ratchford’s images on Defendant’s Instagram and Facebook social media
sites for the purpose of advertising and promoting Defendant’s strip club and soliciting patronage
of Dandy Dan’s.
and likenesses on its Instagram and Facebook social media sites, which is hereby incorporated by
reference.
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61. On October 15, 2015 and December 8, 2015, without her knowledge, consent, or
authorization, Defendant posted Plaintiff Ana Cheri’s images on Defendant’s Instagram social
media site for the purpose of advertising and promoting Defendant’s strip club and soliciting
62. Attached as Exhibit 3 is a copy of Defendant’s use of Ana Cheri’s images and
likenesses on its Instagram social media site, which is hereby incorporated by reference.
63. On October 21, 2015, December 21, 2015, and February 19, 2016, without her
Defendant’s Instagram social media site for the purpose of advertising and promoting Defendant’s
64. Attached as Exhibit 4 is a copy of Defendant’s use of Emily Sears’ image and
likeness on its Instagram social media site, which is hereby incorporated by reference.
65. On May 18, 2016, without her knowledge, consent, or authorization, Defendant
posted Plaintiff Jaclyn Swedberg’s image on Defendant’s Facebook social media sites for the
purpose of advertising and promoting Defendant’s strip club and soliciting patronage of Dandy
Dan’s.
and likeness on its Facebook social media sites, which is hereby incorporated by reference.
Defendant posted Plaintiff Lucy Pinder’s image on Defendant’s Twitter social media site for the
purpose of advertising and promoting Defendant’s strip club and soliciting patronage of Dandy
Dan’s.
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68. Attached as Exhibit 6 is a copy of Defendant’s use of Lucy Pinder’s image and
likeness on its Twitter, social media sites, which is hereby incorporated by reference.
Defendant posted Plaintiff Rosie Roff’s image on Defendant’s Instagram social media sites for the
purpose of advertising and promoting Defendant’s strip club and soliciting patronage of Dandy
Dan’s.
70. Attached as Exhibit 7 is a copy of Defendant’s use of Rosie Roff’s image and
likeness on its Instagram social media sites, which is hereby incorporated by reference.
71. After Defendant used Plaintiffs’ images on its Twitter, Instagram, and Facebook
social media sites, Plaintiffs discovered the Defendant’s use of their images and discovered that
Defendant was knowingly and without prior consent using their images.
72. Defendant’s use and alteration of Plaintiffs’ images and likenesses on Defendant’s
social media sites for Dandy Dan’s falsely implies and creates the impression that Plaintiffs have
worked for, would appear at, have endorsed, or are otherwise affiliated with Dandy Dan’s.
73. Defendant’s use was unauthorized and for a commercial purpose to attract clientele
and lure customers, promote Dandy Dan’s, and generate revenue for the Defendant.
74. Plaintiffs are readily identifiable in the misappropriated images and Defendant
could not reasonably believe that Plaintiffs were employees or agents of the Defendant or
75. Defendant has never contacted the Plaintiffs, either directly or indirectly, to request
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76. Defendant never hired or contracted with Plaintiffs to advertise, promote, market
77. Plaintiffs have never been employed by Defendant or contracted with Defendant to
78. Defendant never sought permission or authority to use or alter Plaintiffs’ images,
Defendant using or altering their images, likeness, or identity to advertise, promote, market or
80. Defendant neither offered nor paid any remuneration to Plaintiffs for the
unauthorized use and misappropriation of their images, likenesses, or identities, including on its
81. Defendant’s use and alteration of Plaintiffs’ images create the false perception that
Plaintiffs worked for Dandy Dan’s, would appear at Dandy Dan’s or had consented or agreed to
promote, advertise, market and/or endorse Dandy Dan’s and its events to the benefit Defendant’s
commercial interests.
82. Defendant’s use of the Plaintiffs’ images, likenesses, and/or identities impugns the
Plaintiffs’ characters, embarrasses them, and suggests, falsely, their support for and participation
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83. Plaintiffs hereby incorporate by reference each and every allegation set forth in the
84. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), applies to Defendant.
85. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), protects Plaintiffs from the
86. Defendant used and altered Plaintiffs’ images, likenesses and/or identities as
described herein without authority in order to, inter alia, create the false perception that the
Plaintiffs worked at, would appear at, or were otherwise affiliated with Dandy Dan’s, endorsed
Dandy Dan’s or Dandy Dan’s business activities, and/or consented to or authorized Defendant’s
or Dandy Dan’s usage of their images likenesses and/or identities in order to advertise, promote,
87. Defendant’s use and alteration of the Plaintiffs’ images, likenesses and/or identities
to advertise, promote, and market Defendant’s business, Dandy Dan’s, and/or Dandy Dan’s events
and activities as described in this First Amended Complaint were false and misleading and a
misrepresentation of fact.
88. Defendant’s unauthorized use and alteration of the Plaintiffs’ images, likenesses
and/or identities as described in this First Amended Complaint constitute false advertising and
false endorsement by falsely suggesting or implying, inter alia, that the Plaintiffs worked at or
were otherwise affiliated with, associated with, or connected to, Dandy Dan’s, endorsed
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authorized Defendant’s or Dandy Dan’s usage or alteration of their image in order to advertise,
promote, and market Defendant’s business or Dandy Dan’s events and activities and/or that the
89. Defendant’s unauthorized use and alteration of the Plaintiffs’ images, likenesses
and/or identities described above has the capacity or tendency to convey a false impression or
mislead, confuse or deceive consumers, including actual and prospective patrons to Dandy Dan’s,
as to the general quality of attendees and participants at Dandy Dan’s and in its events, as well as
specifically whether the Plaintiffs worked at or were otherwise affiliated or associated with or
connected to Dandy Dan’s, and whether the Plaintiffs endorsed, sponsored, or approved of
Defendant’s business, Dandy Dan’s, or Dandy Dan’s events or activities, or whether they would
appear in person at the Defendant Dandy Dan’s events and activities, and particularly at specific
90. Upon information and belief, Defendant’s false and deceptive use and alteration of
the Plaintiffs’ images described above did, in fact, deceive, and/or cause actual consumer
confusion as to whether the Plaintiffs worked at, would appear at, or were otherwise affiliated or
business, Dandy Dan’s or Dandy Dan’s events and activities, or consented to or authorized
Defendant’s or Dandy Dan’s usage of their images, likenesses, and/or identities in order to
advertise and promote Defendant’s business or Dandy Dan’s events and activities and particularly
at specific events promoted in the Defendant’s branding, advertising, and social media posts.
91. Among other things, upon information and belief, such unauthorized use and
alteration of Plaintiffs’ images, likenesses, and/or identities misled and deceived consumers, and
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served to entice consumers and prospective consumers to visit Dandy Dan’s and participate in and
attend events at Dandy Dan’s and had a material effect and impact on the decision of patrons and
events at Dandy Dan’s occur in and are targeted to interstate commerce. Specifically, Defendant
promotes its business and events through interstate promotions and campaigns to target persons
from several different states across the United States. Defendant principally uses the internet,
World Wide Web, social media, and other vehicles of interstate commerce to advertise, market,
promote, and entice or lure traffic and patronage to its establishment and increase revenue.
93. Defendant’s unauthorized use of the Plaintiffs’ images, likenesses, and/or identities
as described herein was designed and intended to benefit Defendant’s commercial and business
interests by, among other things, capitalizing on Plaintiffs’ goodwill by promoting Dandy Dan’s
and its activities and attracting clientele to Dandy Dan’s, thereby generating revenue for the
94. Plaintiffs are in the business of commercializing their identities and selling their
images to reputable brands and companies for profit. Defendant’s customers are the same
95. Both Plaintiffs and the Defendant compete in the entertainment industry, they use
similar marketing channels, their respective endeavors overlap, and they vie for the same dollars
from the same demographic consumer group, and as such, an unauthorized use of Plaintiffs’
images to promote a strip club created an undeniable confusion in Defendant’s consumers’ minds,
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96. Defendant knew or should have known that its unauthorized use of the Plaintiffs’
images, likenesses, and/or identities would cause consumer confusion as described in this First
Amended Complaint.
97. Defendant’s unauthorized use and alteration of the Plaintiffs’ images, likenesses,
and/or identities, as described herein violates 15 U.S.C. §1125(a), constitutes false advertising and
99. Defendant had actual or constructive knowledge of the wrongfulness of its conduct,
acted with intent to capitalize on Plaintiffs’ goodwill and deprive the Plaintiffs of their interests
and rights, and further acted with actual or constructive knowledge of the high probability that
100. The method and manner in which Defendant used and altered the images of the
Plaintiffs further evinces that Defendant were aware of and/or consciously disregarded the fact
that the Plaintiffs did not consent to Defendant’s use of their images to advertise Defendant’s
business.
101. Defendant has caused and will continue to cause irreparable harm and damage to
the Plaintiffs, their reputations, and their brands, by attributing to the Plaintiffs their involvement
with or endorsement of Dandy Dan’s strip club and Plaintiffs’ association with events and
102. Defendant also has damaged the Plaintiffs as a direct and proximate result of its
Plaintiffs, thereby entitling Plaintiffs to recover in money damages the actual and fair market value
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of each misappropriated use of their images and likenesses in an amount to be established by proof
at trial.
103. As a further direct and proximate result of Defendant’s conduct as alleged herein,
Defendant has earned and withheld profits attributable directly or indirectly to the unlawful use of
104. Defendant’s conduct was purposeful and malicious in that Defendant knowingly
violated Plaintiffs’ rights solely to benefit their business, increase profits, and avoid paying money
to legally acquire the right to commercial use of the Plaintiffs’ images and likenesses, and
consequently, exceptional relief is warranted pursuant to 15 U.S.C. §§ 1116, and 1117(a), entitling
Plaintiffs and each of them to treble damages and reasonable attorneys’ fees.
WHEREFORE, the Plaintiffs pray for judgment against the Defendant for relief in amounts
2. All damages allowed by 15 U.S.C. §§ 1125, 1116, and 1117, including all actual and
Plaintiffs’ image and likeness, and well as treble damages and reasonable attorney’s
fees;
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5. For such further and other relief as the Court deems just.
BURG SIMPSON
ELDREGE HERSH & JARDINE, P.C.
s/ Steven G. Greenlee
Steven G. Greenlee, Reg. No. 24577
40 Inverness Drive East
Englewood, CO 80112
Phone: 303-792-5595
sgreenlee@burgsimpson.com.
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