B Sure 2 Get a Release

KmH · Jan 9, 2017

Woman sues Chipotle for $2.2 billion over using her photograph

If Chipotle, or their advertising agency, don't have a valid release on file it will cost them quite a bit of money.
But I don't think it would be anywhere near $2.2 Billion.

Derrel · Jan 9, 2017

Saw this one earlier today and got a big laugh from it. Agreed, likely she will see a heck of a lot less than the damages sought-providing she actually wins any damages. But, c'mon...does she want this thing laughed out of court AND tossed out? The 2.2 BILLION dollar damage amount? C'mon, that's crazy. Falls into the "Stooooooooooooopid!" category.

The crazy and stooooooopid part is simple: "A California woman is suing Chipotle for $2.2 billion, equivalent to the company's profits over a nine-year period, for allegedly using a photograph of her for marketing purposes without her permission."

Hmmmm, going for the entire chain's 2.2 billion in profits, over a nine-year span? How far will this case bounce when the judge throws this out? If ever there were a pure, unadulterated, self-entitled money-grab case, this woman's case is IT!

Dave442 · Jan 9, 2017

The photographer needs to update his Artist Statement to note that his collection is valued at over $2.2 billion.

Derrel · Jan 9, 2017

There are 3,285 days in 9 years (not counting leap year days) . At a $5,000 per-day modeling fee, she would be entiled to $16,425,000. At $1,000 per day, it would be $3,285,000. But "Models" are not payed very much, and especially commercial models, and asking for the ENTIRE PROFIT amount of an ENTIRE restaurant chain, over a nine-year period is patently unfair. And...they "modified" her appearance...hmmmm....that right there could be critical. and the damage to her reputation? Uhhhhh...she went un-noticed for 3,285 days? Cough,cough...moneygrab...

I expect that Chipotle's legal team can buy this woman off at the $3.2 million point, or a looooot less. A far, far,farrrrrrrrrrr cry below 2.2 billion. There are NOW, today 2,010 Chipotle Mexican Grill outlets.Years ago, there were probaby 50 of them.

Good gawd...shades of the elderly woman at the hot McDonald's coffee....huge initial judgement, then less, and less,and less. She'd better take their offer of, oh say....

...$150,000 and a Chipotle $20 gift amount for life, every week.

KmH · Jan 9, 2017

It's smart to ask for more than you think you can get.
It's smart to garner some visibility for your lawsuit if you are planning for a jury trial or hoping for an out-of-court settlement.
It's highly likely the issue will be settled out of court and if that happens it's also highly likely the settlement won't be public information.

It sounds like her image was used as a point-of-sale print advertisement and not as a nationwide television commercial or other print media advertising campaign.
But, more will be known by her attorney(s) after discovery shows to what extent Chipotle used her likeness, and if they do or don't have a valid model release.

unpopular · Jan 9, 2017

Being Chipotle is only worth 2.73 billion in assets with equity worth only 1.25 billion (wikipedia) I think it's safe to say that the $2.2B claim is theatric.

480sparky · Jan 9, 2017

KmH said:
It's smart to ask for more than you think you can get.............

For sale: Kodak EasyShare. $6,750,000. I accept PayPal.

tirediron · Jan 9, 2017

Sure, ask for more than you expect to receive, but 2.2B?? Really? I hope the judge tosses it out as frivolous!

Derrel · Jan 9, 2017

tirediron said:
Sure, ask for more than you expect to receive, but 2.2B?? Really? I hope the judge tosses it out as frivolous!

I agree with you Tirediron, this is a class example of a case that is utterly FRIVOLOUS, indeed. And as KmH mentiond above, yes, it is smart to ask for more than one can likely get. BUT....see, it works this way: unless you lose a BODY PART, a private individual does not *****ever****** deserve anything in the two-plus BILLION dollar award range.

Asking for such a ridiculous amount shows the court the intent of the person who has brought such a lawsuit. Fifty million? Ridiculous! Forty million? Also, ridiculous. The woman is an unknown, and does not make her income based on her fame, nor based on her looks. She is not a highly-payed Hollywood actor. Seeking 2.2 BILLION dollars for her likeness being used without her consent? And in a manner not designed to fool anybody, such as using the likeness of say, a man who looks LIKE George Clooney to promote Chipotle? or using the image of a woman who LOOKS LIKE say, Sandra Bullock, in an effort to deceive Chipotle customers?

Ohhhh...yeah, this is definitely a shakedown attempt, and the basis for the claims of "damage" are laughable. C'mon... 2.2 BILLION dollars? Snort.

480sparky · Jan 10, 2017

I say she has to prove damages. Provide evidence that she's out $2.2b in order to collect.

runnah · Jan 10, 2017

She is doing the "fat gut strategy" only with lawsuits.

runnah · Jan 10, 2017

Derrel said:
Good gawd...shades of the elderly woman at the hot McDonald's coffee....huge initial judgement, then less, and less,and less. She'd better take their offer of, oh say....

Actually that case was much worse than people make it out to be. She essentially had her genitals burned off by coffee that was close to the boiling point. Corporate policy was to have coffee at 180-190F which is insanely hot. Also she at the start was only asking for enough money to cover her medical expenses.