We represent Ms. Ashley Alexandra Dupre.
Ex-Governor Spitzer is a public figure. Ms. Ashley Dupre is not. She was thrust into the public glare at age 22 without her consent.
While the circumstances surrounding Governor Spitzer’s resignation are newsworthy, some publications, in violation of journalistic norms, have used the occasion of Governor Spitzer’s political misfortunes as an excuse to exploit Ms. Dupre’s persona for commercial purposes by, among other things, displaying a montage of suggestive photographs of Ms. Dupre that has nothing to do with the Spitzer story. Ms. Dupre has not consented to the use of her photos in this manner, and it appears that certain of those photos were obtained in violation of Ms. Dupre’s privacy rights and federal copyright law. It has also come to our attention that Ms. Dupre’s picture and persona have been used on commercial websites without her permission.
The unauthorized usages of Ms. Dupre’s pictures, voice, name, and likeness in this manner may well constitute violations of federal copyright laws, § 43(a) of the Lanham Act, the Computer Fraud and Abuse Act, the New York Civil Rights Law § 51 and other federal and state
statutes concerning privacy rights. In view of what happened, we feel constrained to put the media on notice that as counsel for Ms. Dupre we will take all steps that we deem necessary or appropriate to protect Ms. Dupre from any unwarranted exploitation of her name, picture, voice,
or likeness for purposes of profit.
