Suit Against Groupon for Using Instagram Picture Heads to Trial

A woman who sued Groupon Inc. for using her Instagram photo to promote an offer for a restaurant coupon must take her right of publicity lawsuit to trial, an Illinois federal court ruled.

Christine Dancel failed to prove she didn’t consent to Groupon’s use of her photo by agreeing to Instagram’s terms of service, the U.S. District Court for the Northern District of Illinois said in denying summary judgment Aug. 21.

Illinois’ right of publicity law requires consent to use a person’s likeness for commercial purposes, so it remained unclear whether Dancel believed making her photos “available to the public” ...