In the March 2006 issue of Central Florida Nightmoves, the magazine published a two-page ad for the grand opening of Westshore Maxxim Men’s Club and Steakhouse which featured a photograph of Natalie Pandorf, a local model who has appeared in infomercials, calendars and swimsuit pageants. The suit, which also names Maxxim’s Men’s Club parent company, Westshore Restaurant & Food, and Nightmoves publisher P.A.C. Publishing Inc. as defendants, claims that the photo which appeared in the ad was “protected work.”
The suit also claims that the ads “promoted the adult entertainment services” offered by the men’s club and the magazine, damaging Pandorf’s reputation unjustly, “by suggesting that she either worked at the Westshore’s adult entertainment club or that she was in the adult entertainment industry.”
“Natalie is absolutely not involved in the adult entertainment industry,” her attorney Zachary Messa told XBIZ. “She does not do any type of nudity or anything that would be associated with adult entertainment.”
The photo not only appeared in an “adults only” magazine, but also on cards and promotional materials distributed by Westshore advertisements. The photo, which showed Pandorf posing in a white swimsuit, was copyrighted earlier this year, according to court documents.
“The copyright act provides that we can seek disgorgement of the infringing defendants’ profits and that will be one of the remedies we’ll be seeking, as well as actual damages,” Messa said.
A trial date remains to be set, as papers were not yet served on the defendants as of post time.
