Heather Kertesz claims in the suit filed in U.S. District Court in West Palm Beach that she was fully clothed at the party, as well as in website pictures, but never signed a release upon entering the party in March 2007.
“Approximately 15 minutes after entering the premises, and after having had her photograph taken without her permission, plaintiff was approached by an agent of the defendants and was asked for the first time to sign a waiver and release. Plaintiff refused,” the suit said. “Upon refusing, the agent of the defendants informed plaintiff that she needed to leave the premises. Thereupon, plaintiff left.”
But Kertesz said that her pictures appeared on CollegeWildParties in advertising material, as well as on every page of the site.
The pictures, she claims, include “her head and face seen smiling while viewing a male and female engaging in sodomy. Upon closer inspection however, it is apparent that plaintiff’s head and face were cropped or photoshopped from a separate image and strategically placed on the banner to appear as if she was watching the couple at the time it took place.”
The suit said that the photos are teasers for a 29-minute video entitled “Stallion Straddling” and 153 related pictures. It also said that CollegeWildParties members get access to 147 CollegeWildParties episodes, as well as 3,063 TopBucks-affiliated videos.
Kertesz said that Cyberheat used her image and likeness without her consent and, under Florida’s Deceptive and Unfair Trade Practices Act, is seeking actual and punitive damages, as well as attorneys fees.
Boca Raton attorney Joel Rothman, who represents Kertesz, would not comment on the case to XBIZ; Wayne Schwartz, who represents Arizona-based Cyberheat, Topbucks and Pink Visual, was not immediately available for comment.
