$5M Lawsuit: My Commercial Looks Lewd
Oklahoma City Thunder small forward Kevin Durant (35) shoots against San Antonio Spurs' Boris Diaw (33), of France ,and Tim Duncan (21) during the first half of Game 3 in their NBA basketball Western Conference finals playoff series, Thursday, May 31, 2012, in Oklahoma City. (AP Photo/Sue Ogrocki) / Sue Ogrocki
The commercial, seen on the Internet in a clip entitled "Rock Her World," shows a woman wearing blue lacy lingerie and a diamond necklace while moaning and stroking her face and neck. It ends with the Web address for the jewelry company, Szul.com.
The 37-year-old woman claims in her lawsuit that she did not "consent to or authorize the use of her likeness, picture, image or name to simulate a female having an orgasm or otherwise experiencing sexual pleasure."
"Indeed, the music to the commercial is bump-and-grind burlesque type music, which further provides the advertisement with a decidedly pornographic look, feel and sound," states the lawsuit, which was filed Monday in Manhattan's state Supreme Court.
Three-fourths of the filming of the commercial, shot Nov. 9 by Q2 Entertainment in a studio in Queens, involved a comedic story line, but the woman later was told to sit and feign excitement for a few seconds while the young man put the necklace on her, the lawsuit says.
After that scene, the court papers say, the director told her to fake excitement while lying down, without smiling.
"He asked her to keep repeating the action until he thought he got the most authentic looking film piece," they say.
The plaintiff, who is a married graduate student in elementary education, "has worked hard to project a wholesome image and has been extremely careful to avoid doing any work in the industry that would cheapen or tarnish her reputation," the lawsuit states.
The lawsuit names Szul Jewelry, Q2 Entertainment and Q2 principal Mitchell Goldman as defendants. None of the defendants immediately responded to telephone messages seeking comment.
The woman is asking for $2.5 million in compensatory damages and $2.5 million in punitive damages.
By Samuel Maull
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