Former Edmonton cheerleader sues strip club for $1.25M for using photo without permission

A former Edmonton Oilers cheerleader is suing a local strip club for $1.25 million for using her photo without permission.

The lawsuit, filed Nov. 4 in Edmonton, claims a photo of Laura Colwell from the 2012 Edmonton Oilers Octane calendar was edited to remove the Oilers logo and then used on flyers to promote free entry to Diamonds Gentlemen’s Club, Eden or Shade.

According to the court documents, the flyers were distributed widely, “in and around Rogers Place arena, Grant MacEwan University, various downtown parking facilities, and other locations in Edmonton.”

Colwell, who is now a social worker, “has suffered extreme emotional and physical distress” including depression, anxiety and humiliation, according to the lawsuit. It also says the situation has damaged Colwell’s image, personality, goodwill and reputation. The lawsuit claims she also fears for her safety and that of her children, and the situation has strained her relationships with her husband, family and friends.

“The Plaintiff has been unable to continue working as a social worker,” court documents state.

Tweet This Click to share quote on Twitter: "The Plaintiff has been unable to continue working as a social worker," court documents state.

They explain Colwell was a member of the Octane Cheerleading Team from Sept. 1, 2011 to Aug. 30, 2012. During that time, her photograph appeared in the team’s calendar, the proceeds of which supported the Edmonton Oilers Community Foundation.

Court documents stress, at no time, did Colwell give permission for her photo to be used by Diamonds Gentlemen’s Club, Eden Exotic Entertainment, Shade Gentlemen’s Club or ilovestrippers.com.

“The Plaintiff has never endorsed, been employed by, represented or promoted in any way the adult entertainment industry or the Defendant’s business,” the lawsuit reads.

Tweet This Click to share quote on Twitter: "The Plaintiff has never endorsed, been employed by, represented or promoted in any way the adult entertainment industry or the Defendant's business," the lawsuit reads.

Colwell’s lawyer is now seeking an interim and permanent injunction against the “unlawful appropriation of her image” as well as damages.

In the lawsuit, Colwell is seeking $250,000 in general damages, special damages (including loss of employment income), $1 million in aggravated and/or punitive damages, as well as legal costs.

A court order also requires the defendant to provide the number of flyers using Colwell’s image, the locations they were distributed, any remaining inventory and any photos of Colwell to the plaintiff by Nov. 15.

None of the allegations has been proven in court.