MIAMI (CN) – Shaneka Clark claims Procter & Gamble is using her baby’s photo on its Luv’s Diapers package without her consent, and without paying her for it.
Clark claims she took her child to a February 2004 photo shoot at which the defendant paid her “a nominal amount” and told her “that further usage, if any, would be separately negotiated.” Now, she says, the retailing giant is using her child’s photo on its packages of 34 large diapers for babies that weigh 22 to 37 lbs., and did it without notifying her and without paying her dime one. She demands damages for unjust enrichment, violation of business statutes and invasion of privacy. She is represented in Miami-Dade County Court by David Shenkman. See complaint.