CHICAGO — Ten models, some of them former Playboy Playmates, have sued Polekatz Chicago Gentlemen’s Club, alleging its management used images of them to market its club although the women have never worked for Polekatz or as adult dancers.
The women in their suit, which seeks a jury trial, said that the Chicago-area strip club violated the federal Lanham Act and the Illinois Right of Publicity Act and “is an unapologetic, chronic and habitual infringer.”
All of the 10 models have previously appeared in lingerie or nude but never gave Polekatz permission to use their images for advertising. Each said in the complaint that if they had they been offered to model for Polekatz each “would have promptly and unequivocally declined.”
Polekatz “intentionally pirated the images,” depriving each woman of “the ability to protect her image, brand and reputation,” the suit said.
Each of the models, whose names were not disclosed for this XBIZ article, brings individual counts against Polekatz, and all say the unauthorized use of their images damaged their career and earnings potential.
The models have asked the court for a ruling that would order Polekatz to scrub the images from their online advertising, award them actual or compensatory damages, including compensation for their own lost profits, as well as disgorgement of profits Polekatz might have generated through use of improperly obtained photos.
The models also charge that Illinois law ensures a right of publicity such that a business “may not publish, print, display or publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness” of anyone without expressed consent.
They said the Illinois statute entitles them to at least $75,000 apiece, plus punitive and exemplary damages.
Attorney Joseph Casas, who represents the models, has filed three such lawsuits involving more than 40 plaintiffs against Chicago-area clubs in 2018, according to a report.
Polekatz’s management did not respond to an XBIZ email seeking comment on the suit, which was filed Monday.
