New York Kids Club on E. 67th St. is accused of publishing a photo of a parent’s child even after pleas to stop, lawsuit finds.
A Manhattan mom says New York Kids Club used her son in ad without her permission — and has continued to do so despite her years of pleas for them to stop.
In papers filed Tuesday in Manhattan Supreme Court, Debra Lindenbaum says she took Liam, then 1 year old, to the Kids Club location on E. 67th St. for a gymnastics class, and unbeknownst to her, somebody snapped a picture of the blond moppet.
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The club then proceeded to use the pic in an email newsletter blast — and then in its marketing materials, and even on the cover of a “Baby Loves Disco” CD, the mom’s court papers say.
Lindenbaum got wind of the promotions and told the club to knock it off and she was assured they would pull all the pictures down, the suit says.
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But “rather than complying with Ms. Lindenbaum’s repeated requests to stop using Liam’s picture, NY Kids Club has escalated its use” by using it for an ad on the NYCGo.com website.
“By their knowing and intentional continued use of Liam’s picture,” the club is “unlawfully exploiting the likeness of an unwitting child for the sole purpose of commercial gain, over Ms. Lindenbaum’s repeated objections,” the suit says.
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The miffed mom wants a court order forcing the club to stop using her son’s picture, and unspecified monetary damages.
A rep for the club did not return a call and email for comment.
Yahoo Local News – New York Daily News
http://newyork.greatlocalnews.info/?p=15767
via Great Local News: New York http://newyork.greatlocalnews.info
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