The Ghost of Jim Bain Resurfaces

Posted on Jun 02, 2013

Question: What can my wife do if her photo was used for advertising without her permission?
Question Detail: My wife's photo is being used for a major hotel in their advertisement without her permission. They used her face on another body. We don't know where they got the photo. She is distressed about it! Can she sue for invasion of privacy and distress?

Answer: There are a number of legal theories she could advance and all end with a claim for money damages. Twenty-eight years ago (March 29, 1985) I was a partner with the law firm of Mosier, Thomas, Beatty, Dutton, Braun and Staack in Waterloo, Iowa. Dave Dutton one of the senior litigators took on the representation of a Big Ten men's basketball referee (Jim Bain) who called a game between Iowa and Purdue where Bain called a shoving foul against Kevin Boyle that caused a local shop to print his likeness on a t-shirt with his neck in a noose. His likeness was printed on a t-shirt by John Gillispie, a Johnson County shop owner.  Bain took offense to it and sued. Wah-wah-wah. The jury found for Bain and against Gillispie on some but not all charges. Okay so I'm an Iowa fan... Here are the links to the articles. Now he'll sue me for giving an opinion. Wah, wah, wahhhhhhhhhhhhhh…

Bain Claims Judgment Is Victory For All Referees . - Google News - IOWA CITY, Iowa — Big Ten Conference referee Jim Bain feels a verdict that his ...his neck was a victory for basketball referees everywhere, Bain's lawyer said. ...Gillispie inno cent on a separate charge of libel because they did not believe ...

Jury Rules For Big Ten Referee In T-shirt Suit . - Google News - IOWA CITY, Iowa — A T-shirt showing Big Ten Conference basket ball referee JimBain with a rope around his neck invaded his privacy but didn't libel him, ...

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Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death