Quinn: It’s 1800LAW1010, 1800law1010.com. Paul Harding from Martin, Harding & Mazzotti on the phone.
Cantara: Morning, Paul.
Paul: Hey, good morning guys.
Cantara: Hey. The hour ad meter had you winning local ads, local Super Bowl ads this past Sunday, Paul. You were everywhere before the Super Bowl. It was great.
Paul: [inaudible 00:00:17]. Thank you. Yeah, we’ve put some new stuff out kind of showing the firm and showing all the people in the firm and, yeah, they were surprised, too. They loved it.
Cantara: Yeah, well, looking really good. It was a good ad. So we wanted to talk to you about DiCarlo’s Gentlemen’s Club. Quinn and I are doing a deep dive on that Paul. So you don’t have to.
Quinn: All the way back to good old Sal, founder Sal.
Cantara: But apparently, Carmen Electra and some other models are suing the gentleman’s club in colony. You want to explain?
Paul: Well, from what I can see here, they have used the likeness of not only Carmen Electra but a few other, you know, fairly known personalities to give them the impression that maybe they work at the club.
So they’re using their likeness, using not their names but it’s got them saying that if you want to come you’ll see these people. So what you have here is you got a violation, invasion of privacy, and there’s a lawsuit, which is proceeding to trial.
Quinn: I didn’t see…not that they have to show it in the newspaper, did you see a picture? Did you see a… Have you seen any proof, or any…
Paul: Interestingly enough, I didn’t see it in the article. And I thought to myself, “Well, you know, maybe that’s a problem, too.” You know, maybe it’s all in the court documents but they didn’t want to kind of rehash and re-show those photos which are not allowable, even though technically they are evidence so I’m sure they’re available at the courthouse. But, yeah, no, they were nowhere at least obvious online.
Cantara: So, Paul, does this surprise you that it’s going to trial?
Paul: You know, what surprised me is that statutory damages could be as high as $10,000 per time, per time you use the image. Yeah, I mean, it’s almost like who knew? You know we’re sitting at Albany. I, you know, look at this and I think, “Wow, is this happening around the country? And, you know, did they use something that other clubs use and so they’re just part of the lawsuit?”
I didn’t see that. It looks like we’re individually sued here in Albany or DiCarlo’s is. So, yeah, surprised that they would almost care, you know, because to the extent that we’re virtually off the map is, you know, in terms of where their world is.
Cantara: And you wonder how, like, who tipped off Carmen Electra?
Quinn: Right. [crosstalk 00:02:28].
Cantara: That a gentleman still in Albany was using your likeness. Like…
Quinn: I mean, she’s probably tight with, you know, these touring dancers or something like that. Maybe someone came through town, or you ever had the buffet over there at DiCarlo’s?
Cantara: Let’s just stop.
Paul: I have not, no. I didn’t know that existed till now. But good to know.
Cantara: We didn’t know that they served food until we googled them either.
Cantara: So it wasn’t a case of, like, “Hey, I’m Carmen Electra. Don’t use those.” And the club says, “Okay, we’ll take them down,” if they say they were posters. She wants to go and get the money retroactively because like you said, it could be 10 grand per pop, right?
Paul: Yeah. So, I mean, it’s, you know, hundreds of thousands and maybe even more. I mean, how many times have they used that image? And there’s also actual damages, you know, maybe she, you know, went for some, you know, interview somewhere to do some kind of a movie or some kind of an event and they said, “Wait a second, you know, we don’t want you, it’s inappropriate. You’ve been using your, like, image at a strip club in Albany,” you know.
So actual damages would be additional. You know, I think she’s… I think they’re sending a message. I don’t know how much money there really is to get but, no, this thing is going real far and there is a trial date that she may be in town.
Cantara: It’s national news, so that’s why we wanted you on.
Quinn: Right, yeah, [crosstalk 00:03:40]. So she might come to town for a trial, do you think?
Paul: She’d have to, yeah. I mean, these are individual, not corporate claims, so she was going to testify and she and the other folks would have to be there. So that would probably make another splash.
Quinn: Right on.
Cantara: Interesting. All right, Paul.
Quinn: Awesome. Very good, sir.
Cantara: Well, I appreciate the explaining this to us, because we were kind of confused, not just about the buffet but the lawsuit as well.
Quinn: Thanks, Paul.
Paul: All right, guys. [inaudible 00:04:07].
Cantara: Thanks, Paul.
Quinn: And there goes Paul Harding from Martin, Harding & Mazzotti 1800LAW1010, 1800law1010.com.