Model sues cosmetic manufacturer for $25m over ‘unauthorized’ use of image

Zhytomyr-born Yuliana Bondar has accused the cosmetics brand of damaging her career, claiming that a photographer ‘secretly sold her image’ which was subsequently used in an advert for the little known company.

Damaging career​

Bondar, who has modelled for Anne Klein, Marc Jacobs and Vera Wang, claims that being the ‘face’ of LASplash Cosmetics is having a negative impact on her career and is damaging her future career, according to the New York Post.

The 24 year old model was originally shot in a SoHo studio by photographer David Byun in 2010 before the image went on to appear in the ad in question.

Quoted in UK national the Daily Mail, Byun maintains that ‘everything was legal' with regards to the usage rights of the photograph, despite Bondar’s multi-million dollar lawsuit.

The ad in question features a close-up black and white image of Bondar wearing eye and lip make up, on a black background.

In the centre of the ad is the LASplash branding, followed by a burst of colors on the black background with the text: ‘Bold Vibrant Sexy Intense Color Cosmetics.’

Background​

Bondar is signed to the New York branch of IMG Models, the agency that represents Gisele Bundchen, Kate Moss and Heidi Klum.

LASplash Cosmetics, also known as Splash Cosmetics, was introduced as a color cosmetics manufacturer in 1996.

It is now a division of cosmetic manufacturer Jon Davler, and was registered in the United States in 2008.

It is not the first time a cosmetics manufacturer has landed in hot water over the alleged misuse of a model’s image.

Another case​

In June last year, Swedish model Caroline Louise Forsling filed a law suit against Estée Lauder claiming it used an image of her to advertise an anti-aging line aimed at consumers in an older age group.

In the lawsuit the 35 year old claimed that using her image to advertise an anti-aging product line aimed at women aged 45 – 60 years made her look ‘old’, potentially damaging her career.

The model sued Estée Lauder for $2m claiming that her career has been ‘irreparably’ damaged by a poster ad campaign in the US market that depicted her with minimal make-up and visible wrinkles.

In the court filing, Forsling argued that the shoot was for a different company within the Estée Lauder group, and that she was not informed that the test shot, used for the 'before' image in an ad, would be used in any kind of publicity for the company’s brands.