Former Miss SA Teen and television actress Phuti Khomo is demanding a whopping R30-million from Tsogo Sun after accusing the company of using her image rights for profit without her permission.
The former Muvhango actress obtained combined summons against Tsogo Sun at the Joburg High Court in September this year after the company bosses ignored her lawyers’ letters of demand to pay her the staggering amount.
In the papers, which we have seen, Khomo explains that she was invited by Tsogo Sun to attend a promotional event at Monte Casino and Hotel in Fourways, north of Joburg, a few years go.
The thespian said at the event she and other guests were taken around the casino and shown facilities and the benefits of the reward cards.
She said while at the event the casino employees photographed her.
The Entanglement actress said the casino did not give any reason why the employees were taking pictures or their intended purpose.
Khomo said she discovered in January 2020 that Tsogo Sun was using her image, name and likeness on its website as an advertisement for its reward cards.
Furthermore, she said, Tsogo Sun caused the images, name and likeness to be used by other publications to promote its products.
The ex-beauty queen said she was aggrieved because she did not give the hotel and hospitality group a tacit or written consent to use her name, image and likeness on its website and other platforms for the advertisement of the reward cards or any other products.
“As the results of the publication, advertisement and promotion and marketing by the defendant, the defendants violated the right of the plaintiff and further caused harm to her brand and image,” read the papers.
Khomo further said the use of her name, image and likeness infringed her constitutional right to privacy, reputation and dignity. This because, she argues, the hotel group used them to promote its facility in a misleading way as they gave the impression she endorsed the company’s products and facilities.
The former YFM presenter also said her image, name and likeness were of proprietary value to her and because of their wrongful usage by Tsogo Sun, she suffered financial losses.
She charges a fee for the use of her name, image and likeness and would have charged Tsogo Sun had they advised her of their true intention.
“The plaintiff has lost opportunities with other competitors of the defendant as they associate her name, image and likeness with that of the defendant (sic). The defendant further derived profit from the use and publication of the use of the plaintiff’s name, image and likeness to promote their product and facilities. As the further result, the plaintiff suffered damages in the amount of R30 000 000,” read the papers.
Khomo said the amount consisted of R10-million for actio iniuriarum (right to dignity), R10-million for constitutional damage and
another R10-million for the past, present and future loss of earnings. “In the premises, the defendant is liable to the plaintiff in the amount of R30 000 000, which the defendant has refused or neglected or failed to pay the plaintiff.”
Tsogo Sun spokesperson Gareth Kaschula said he would seek guidance from the company’s legal counsel before he could comment.
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