The teen model whose parents sued Urban Outfitters for $28 million for printing provocative images of their daughter will face the retailer in court.
On Monday, a New York federal judge rejected Urban's fall 2011 claim that the suit was procedurally defective. Judge George Daniels ruled that Hailey Clauson's suit will move forward, stating that the model, "has sufficiently alleged a cause of action against Urban Outfitters for use of her image to create false endorsement or false designation of origin."
The offending images shot by Jason Lee Parry.
Confused over the origins of this suit? The story line is as follows: Urban received the shirts from a smaller retail company called Blood Is The New Black, which actually received the provocative images from Jason Lee Parry, the photographer of the questionable shoot. According to the suit, the photographer agreed not to sell or release the images of the then 15-year-old Clauson to other parties, nor did he have the right to license the images.
However, Parry took to Good Morning America to defend himself, claiming that Ford (Clauson's agency at the time) posted the photo to the model's portfolio and blog. Somewhere along the way, the photos were distributed without consent. This liability chain ultimately leaves Urban in an awkward position, considering that the Philadelphia-based retailer was not aware of Parry's age, nor did they even venture to ask if a release form had been signed with the photo.
So, who's really to blame? Ford models or Parry? Or is Urban ultimately to blame for its ignorance?
Meanwhile, we bring the case back to 16-year-old Clauson, who subsequently participated in another questionable shoot, where she was "stylishly strangled" in POP magazine.
This lead exacerbated critics ask, What exactly are Mr. and Mrs. Clauson doing?! View it here. Warning: Images involve nudity and depict violence.