*The two Italian watch companies being sued by Halle Berry over alleged use of her name and image in ads without permission has filed a response in court claiming she has no case, reports Radar Online.
In a legal response filed on Dec. 6, 2013, watch companies Toywatch and Triboo Digitale 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 not 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 “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 judgment be entered in their favor.