Who would have thought that taking a picture of a topless model on top of the Empire State Building would bring a trademark law suit?
In August, Allen Henson, visited the New York landmark. On the observation deck of the Empire State Building, he took a topless picture of his friend/model Shelby Carter. Now, the owners of New York’s Empire State Building have sued Henson, claiming his actions were not only “inappropriate” at a family tourist attraction, but also that he lacked the required permission to use the trademarked image of the popular tourist spot.
The owners seek USD 1.100.000 in damages. Yes indeed, more than a million!
Henson replies that this was not a ‘photo shoot’, and that the picture was taken of a friend on his personal cell phone and has “zero commercial value”. “We thought it would just be wonderful, a great view… no harm no foul”, he added. “Nobody was injured, no children were around.” “Also, many of the tourists around me were also taking photos and video on their personal mobile phones without prior permission”, Henson said.