Model-Turned-Lawyer Sues D&G Over Tit-For-Tat Pics UPDATE

Domenico Dolce and Stefano Gabbana

BASSIL A. HAMIDEH model-turned-lawyer brought another lawsuit against the North American division of Italian design house, Dolce & Gabbana, in a Los Angeles court recently. He claims the company misappropriated an image of him from a 2002 D&G ad campaign. Hamideh filed a publicity rights lawsuit against D&G last year in state court in California. According to his most recent complaint (which he filed this week 05/03/2013), a month after Hamideh filed suit in 2012, D&G immediately acted against him, subsequently using an image of him in a Facebook campaign without his authorisation.

Both lawsuits are pending. Hamideh began practicing law in 2008 after appearing on the cover of L'Uomo Vogue and in a Hugo Boss campaign in 1995, in addition to the 2002 Dolce & Gabbana ad at issue

Dolce & Gabbana USA Inc. retaliated against Hamideh who sued the Italian designing duo for unauthorised use of a client’s image by using the 10-year-old photographs of the lawyer without his permission, according to a lawsuit filed in California state court.

Bassil A. Hamideh, who is represented by Johnson & Johnson LLP in this case, alleges D&G published images of him in a 2012 Facebook campaign, well after their rights expired and one month after Hamideh filed a publicity rights suit against the company on behalf of another model.

Bassil A. Hamideh

If Hamideh is victorious in his lawsuit, it could mean poetic justice for a former male model who, still smarting from alleged abuse by one of the fashion industry's top purveyors, became a lawyer in order “to protect models from such malfeasance.”

“Disheartened by the rampant abuse of models' rights and the systematic unauthorised use of their images and likeness throughout the industry, [Hamideh] became a lawyer so that he could protect models from defendants like Dolce Gabbana,” the suit claims.

In 2002, D&G hired and photographed Hamideh — a familiar resident of Los Angeles, according to the suit — for a “country chic” advertising campaign that also featured supermodel Giselle Bundchen. D&G's rights to Hamideh's likeness ended Dec. 31, 2003, he claims.

In April 2012, Hamideh represented actor-model Christian Monzon in a lawsuit over D&G's alleged unauthorised use of Monzon's image in advertising materials for Dolce Gabbana Classico Fragrance. The suit was eventually dismissed.

The month after Hamideh filed the Monzon suit, D&G allegedly used images of Hamideh from the 2002-03 country chic campaign to promote new products on the company’s Facebook page — even though the rights to them had expired more than eight years earlier.

The model-turned-lawyer said Monday that he believes D&G misappropriated images of him as part of a retaliation scheme stemming from the Monzon lawsuit. Hamideh claims he has suffered emotional and economic distress over the incident.

“People may be led to believe that Hamideh has abandoned his crusade to protect models and 'sold out' or aligned himself with the other side,” the complaint argued.

Hamideh said the act constitutes oppression, fraud and malice, and claims D&G has gained financially from using the images illegally.

Johnson & Johnson attorney Douglas L. Johnson called D&G’s alleged retaliation scheme “a low blow.”

“I was disappointed that they would do this to a lawyer who spent quite a bit of time changing his career path to become an advocate for models’ rights,” he said.

Hamideh is seeking actual, punitive and statutory damages; injunctive relief; restitution; disgorgement of profits from unauthorised use; a constructive trust; attorneys' fees and costs; and litigation costs.

A representative for the defendant wasn’t immediately available for comment Tuesday.

Hamideh is represented by Douglas L. Johnson and Neville L. Johnson of Johnson & Johnson LLP.

Counsel information for the defendants was not immediately available.

The lawsuit is Bassil A. Hamideh v. Dolce & Gabbana, case No. BC502164, in the Superior Court of the State of California, County of Los Angeles.

Still with Dolce & Gabbana fined 344 million euros by Italian Fiscal Authorities to deal with, sources close to the design house duo feel that this is something that has still a long way to run, will keep you posted.

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