Sofia Vergara Files $15M Suit Against Beauty Brand That Stole Her Image
Sofia Vergara doesn’t believe in “free advertising.” (Photo: Getty Images)
Want an endorsement from Sofia Vergara? It might cost you around $15 million. That’s how much the actress is suing beauty company Venus Concept for after it used her Instagram image without permission in its ads. Vergara’s argument is that she can charge up to $15 million to endorse a product, so she expects to get paid for this one. Plus, she didn’t even like the treatment.
Vergara received Venus Concept’s skin-tightening Legacy massage in August 2014 in preparation for the Emmys. She posted a selfie while receiving the treatment, but the 43-year-old asserts in her lawsuit that Venus Concept did not consult with her or compensate her before using the image to advertise the treatment globally. In its ads, the company included captions such as, “Loved by bombshell actress Sofia Vergara.”
Vergara shared a photo during her Venus Concept Legacy treatment, captioning it, “What is so funny Marilyn?? Legacy massage @drlancerrx.” (Photo: Instagram)
“Vergara tried the Legacy treatment, but ultimately did not like it, finding that it was a waste of time and money with little in the way of any results,” according to the lawsuit, obtained by People. In the past, Vergara has fronted campaigns by CoverGirl, Diet Pepsi, Kmart, Comcast Xfinity, State Farm, Rooms To Go, Synthroid, and Head & Shoulders, and she recently appeared in a Quaker Oats ad with her son, Manolo.
Other stars have had similar issues. Last week, actress Jennifer Love Hewitt settled a suit against health company Marz Sprays after it used her image without permission. But the line between legal use and misuse is blurry. Brands regularly post images of celebrities wearing their products, and there is little difference between that common image use and this legal issue.
A suit like this could have an extreme effect on a small company. Oxford Finance LLC issued a $20 million senior secured-term loan to Venus Concept in November 2015, but who knows what that could mean for the company. One thing is for sure: This will definitely serve as a warning to other brands trying to capitalize on stars posting about products on Instagram.
Related:
How Sofia Vergara Preps for the Emmys
5 Beauty Products Sofia Vergara Can’t Live Without
Sofia Vergara on Hating Nude Makeup and Why Joe Manganiello Loves Her High-Maintenance Look