Strip Club’s Claim That Models’ Suit Is Unconstitutional Rejected

A Pennsylvania strip club’s argument that Lanham Act claims against it are unconstitutional was rejected by a magistrate judge in one of a line of publicity rights lawsuits by models claiming unlicensed use of their images.

The U.S. government intervened in the case to urge the court to reject Blush Gentleman’s Club’s argument that the claims under the Lanham Act, the primary trademark statute, conflict with the Commerce Clause.

Blush had claimed application of the statute in this case is an unconstitutional state-based interference with interstate commerce because different statutes of limitations apply in different states.

Magistrate Judge for the ...