As if she didn’t already have her hands full, new mother Jessica Alba filed a right of publicity suit against The Caden Cos. Inc., maker of a compression wrap known as the Belly Bandit.
Alba, mother of a three-year-old, recently gave birth to her second daughter.
In a new suit filed in California state court, Alba says the maker of the Belly Bandit has taken advantage of her maternal status by using her name and image to promote its belly wrap, that purports to “help tighten and shrink your belly and hips!”
Alba alleges that the company used her likeness without her permission on the packaging of the product as well as her name and image under the “Celebrity Testimonials” section of its Web site.
The defendant’s “brazen” use of Alba’s name also included an unauthorized endorsement that the Belly Bandit is “Jessica Alba’s #2 Secret for a Fast Post Pregnancy Slimdown!” according to the complaint.
The suit argues that Alba has invested “considerable” time, money, and energy into the development of her fame, and that she exercises “careful consideration” prior to permitting any commercial use of her name or likeness.
Alba seeks more than a million dollars in damages as well as gross revenues received by the defendant from the sale of products that use her image.
To read the complaint in Alba v. The Caden Cos., click here.
Why it matters: Alba is just the latest celebrity to file suit to protect her publicity rights, although her allegations regarding the use of her image are fairly straightforward. Celebrities and their estates as diverse as Hulk Hogan and Bette Davis have filed suit recently to protect their rights over the inclusion of their likenesses in a cartoon character and a dress, respectively.