TEEN MODEL: Hailey Clauson, the teen model who is suing Urban Outfitters Inc. for upwards of $28 million for putting racy images of her on T-shirts, may get her day in court. New York federal judge George Daniels rejected Urban’s claims that Clauson’s suit is procedurally defective, and ruled Monday that the lawsuit will go forward.

In the fall, Urban, along with co-defendants Blood Is the New Black and Brandy & Melville, sought dismissal of the case. This came after Clauson, then 15, and her parents claimed that a “blatantly salacious” photo of the young model appeared in magazines and on T-shirts, even though the image’s photographer allegedly agreed not to release it for publication. That image later appeared on T-shirts sold by the defendants.

This story first appeared in the March 12, 2012 issue of WWD. Subscribe Today.


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But the ruling by the judge effectively quashed the defendants’ motion to dismiss the $28 million lawsuit. The judge said that Clauson “has sufficiently alleged a cause of action against Urban Outfitters for use of her image to create false endorsement or false designation of origin, as well as claims for false representation of the characteristics or qualities of plaintiff’s modeling services.”

He added that the plaintiff showed sufficient cause that Urban used her image in violation of the New York Civil Rights Law. She also showed cause in common law libel against the retailer.

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