A woman in Santa Fe is suing the makers of a novelty hip flask for using her high-school yearbook photo without her consent. Veronica Vigil is also suing for damages for associating her likeness with alcoholism, as the flask is branded with the slogan “I’m going to be the most popular girl in rehab!”
Ann Taintor merchandise features a range of goods covered with smiling young mid-20th century women and outrageous slogans. Ms Vigil says the company used her photograph without seeking her permission.
Now she has launched a lawsuit against the company (as well as a local gift shop which has allegedly stocked the hip flask for years), claiming that Anne Taintor is in breach of trademark and guilty of defamation.
Ms Vigil’s complaint reads:
"Plaintiff is an active member of her church and does not consume alcohol or drugs. Given the seriousness of the issues of substance abuse in the community in which plaintiff resides, she has held herself out by reputation for her children and her community, to refrain from abuse or even use of alcohol and illicit drugs and has set an example that the issue is a very serious one that destroys families and lives."
The Anne Taintor merchandise company first started trading in Maine 30 years ago in Maine. The company’s novelty items are now sold in twenty five different countries around the world. The ‘rehab’ hip flask is no longer available for sale on the Anne Taintor official website, but is still available on Amazon.
