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Fertility Ad Went Too Far, Gay Couple Says

SAN DIEGO (CN) - A magazine publisher used a photo of a gay couple and their daughter without permission to advertise "fertility resources," the men claim in court.

Steve Price and Bernabe Fernandez sued Third Step, publisher of "The Fight" magazine, in Superior Court.

"Defendant Third Step published a photo of the plaintiffs, with their daughter, on page 36 of the June 2012 issue of the magazine entitled 'The Fight, A Gay Revolution,' the complaint states. "The picture was used as an advertisement for 'Fertility Resources' for same sex couples. Plaintiffs did not consent to the use of their photo nor did they have knowledge of the fact the photo was going to be published prior to the publication of the magazine. Defendants recognized a commercial advantage by using the photograph for free."

Price and Fernandez demand disgorgement and damages for misappropriation of their likenesses and business code violations. They are represented by Scott Savary.

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