Alba Claims Playboy Cover Implies Nude Pictorial
Actress threatens legal action over unauthorized photo
Jessica Alba isn't too happy with the gentleman's magazine when she spied her own photo on the cover of its March issue after she had expressly refused to pose for them. The photo, a promotional image from her film "Into the Blue," features Alba in a bikini, with the trademark bunny logo superimposed on the suit.
On Feb. 23, Alba's attorney Brian Wolfe at Lavely & Singer sent Playboy a letter threatening legal action if the magazine would not "cease and desist" from selling the issue and provide the actress a monetary settlement "to compensate her for the damages and immeasurable harm caused to her good name, reputation and career."
The letter, which can be found at TheSmokingGun.com, claims that in September 2005, the magazine contacted her publicist Brad Cafarelli to offer her a cover photo shoot for their "25 Sexiest Celebrities" issue. Although she refused, Alba allowed them to use a publicity photo to be used in the magazine's interior to accompany the article.
Instead, Playboy went to Sony Pictures to request the "Into the Blue" photo, neglecting to mention how it was to be used and Alba's refusal. A second letter, this time from the studio, states Sony's "dismay and anger over the outrageous, unethical behavior utilized by Playboy personnel to obtain the photograph ... without authorization."
Although Alba's camp is incensed over the unauthorized use of her photo, what's really at issue is what the cover supposedly implies.
"In featuring Ms. Alba's photograph on the cover of Playboy's March issue, it is clear that Playboy's intent was to create a false belief and/or expectation among the public that Ms. Alba voluntarily appeared in the nude or semi-nude and that a revealing pictorial of her is contained," continues Wolf.
He also states that Playboy's actions constitute a violation of Alba's rights of publicity, copyright infringement, unfair competition, unfair business practices, false advertising and intentional infliction of emotional distress.
Although it's hard to believe, Alba has been vocal about her insecurities regarding her body. While doing publicity for "Into the Blue" in September, she admitted that she would rush to cover up her body between takes.
Her upcoming films include the thriller "Awake" with Hayden Christensen and possible sequels to "Fantastic Four" and "Sin City."