Lawsuit Filed Against Hale Bob

Stylist Angelika Bolliger has filed a lawsuit against apparel manufacturer Hale Bob, as well as Elle magazine, Marie Claire magazine and photographer TC Reiner, alleging that Vernon, Calif.–based Hale Bob used Bolliger’s image without her consent in its print advertising.

According to the lawsuit, filed in Los Angeles Superior Court on Jan. 18, Bolliger’s image appeared on Hale Bob’s Web site and in its advertising on billboards, sales brochures and other media, including the September issues of Elle and Marie Claire.

“She was a stylist on the shoot and was asked to stand in for a model,” said Perry Wander, Bolliger’s lawyer. “She was never asked to sign a release form—and she wasn’t expecting one because she didn’t think the photos would be used,” Wander said.

Bolliger, who is not a professional model, was employed as a stylist’s assistant on the Hale Bob shoot. Bolliger said she was not aware that she was part of the company’s fall 2005 ad campaign until she saw herself on a Hale Bob billboard on La Cienega Boulevard in Los Angeles.

Bolliger is seeking a percentage of Hale Bob’s fourth-quarter profits, Wander said.

Wander says he will seek an award of 100 percent of Hale Bob’s profits that are attributable to the fall 2005 ad campaign, or minimum statutory damages of $750 per offense—including each ad, billboard and brochure.

Reiner, the campaign’s photographer, said the problem arose when the shoot’s producer—who wasn’t named in the lawsuit—neglected to ask Bolliger to sign a model release form after she was asked to join a group shot. “He didn’t cover his bases, but that’s not Hale Bob’s fault,” Reiner said. “The client thought that was taken care of,” he said.

According to Reiner, the shoot took place at a private residence, and most of the models in the party-themed campaign were not professional models. Bolliger was paid $200 for her work as a stylist on the shoot. A source at a Los Angeles–based model management firm estimated models could make between $10,0000 and $50,000 for a commercial shoot like Hale Bob’s.

Representatives at Hale Bob could not be reached for comment. —Erin Barajas