Halle Berry claims an Italian watch company used to her name and image in their ads without her permission, but in exclusive court documents obtained by RadarOnline.com, Toywatch and Triboo Digitale companies are firing back at the actress claiming she has no case.
In a legal response filed on Dec. 6, 2013, the watch companies deny each and every allegation made by Berry, 47, claiming the privacy laws “do not apply to the acts of these Defendants that occurred outside of the United States.”
The watch companies argue that all infringement, trademark and logo laws do no apply to them because the ads were published in Italy, and therefore they are “protected by the doctrine of nominative fair use.”
Berry filed the lawsuit on Oct. 30, 2013 seeking $2 million and asked for an injunction making it impossible for the company to use her likeness in any way.
“Halle Berry is an internationally recognized motion picture star and celebrity, and her name, image, identity and persona have tremendous commercial value,” the lawsuit stated.
“Defendants used Ms. Berry’s name and image, without her permission, in advertising and marketing for watch products.”
But Toywatch and Triboo Digitale are standing strong that the images they used were used “in connection with any news or public affairs, or any other type of publication,” making it okay for them to use them too.
The watch companies are asking that the lawsuit be dismissed and judgement be entered in their favor.