Halle Berry slapped a $2 million lawsuit on an Italian watch company she claims used her name and likeness. Now two companies are firing back saying she has no case.
On October 30, the Oscar winner filed a $2 million lawsuit and asked for an injunction, which would make it impossible for the company to use her likeness in any regard.
Radar Online reports a legal response filed Dec. 6 shows Toywatch and Triboo Digitale claim the privacy acts don’t apply to them in Italy.
The watch companies deny all of Berry’s accusations, claiming “the privacy laws do not apply to the acts of these Defendants that occurred outside of the United States.” They also argue that trademark, infringement and logo laws don’t apply to them, which means they are “protected by the doctrine of nominative fair use.”
In the suit filed by Berry, 47, the documents state, “Halle Berry is an internationally recognized motion picture star and celebrity, and her name, image, identity and persona have tremendous commercial value. Defendants used Ms. Berry’s name and image, without her permission, in advertising and marketing for watch products.”
Toywatch and Digitale argue the images they used were in connection to news or public affairs making it okay for them to use. They are asking for the lawsuit to be dismissed.