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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46626 Judge Haight ACTIONS CONCERNED production and distribution of promotional videotapes that feature images of plaintiff, recorded in 1978 and first used during an advertising campaign for Jordache that ran in 1978 and 1979. The images were later repackaged and used to advertise Jordache products in 1997 and again in 2000 and 2001. Defendants sought to dismiss plaintiff’s claims for trespass on the basis of laches and equitable estoppel, claiming that plaintiff should have sued Jordache in or soon after 1978 for uses of the 1978 images in 1978 and 1979. By failing to bring the action then, defendants contended they were prejudiced by loss of a waiver. The court denied the motion, finding that plaintiff chose to protect her rights by corresponding with Jordache in 1997 rather than by filing a lawsuit in 1997. The court noted that this choice, however, did not offer defendants any assurance that she would not assert her rights by filing suit if they chose to continue using the 1978 images without her consent.

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