Chicago, Illinois – August 29, 2025 – In a case highlighting the perils of unauthorized image use in marketing, Chicago-based photographer Elena Vasquez has filed a lawsuit against Luxe Glow Beauty Spa, accusing the popular Wicker Park establishment of misappropriating a copyrighted photograph of celebrity influencer and model Sofia Ramirez to promote its facial treatments and spa packages. The complaint, filed on August 28, 2025, in the U.S. District Court for the Northern District of Illinois, alleges copyright infringement, violation of the Illinois Right of Publicity Act (765 ILCS 1075/1 et seq.), and unfair competition under the Lanham Act (15 U.S.C. § 1125). Vasquez claims the spa’s social media posts featuring the image—without permission or compensation—reached over 50,000 followers, boosting bookings and causing her financial harm. The suit seeks statutory damages up to $150,000 per infringed work, actual damages, and an injunction to remove the image from all platforms.
Vasquez, a freelance photographer specializing in beauty and lifestyle portraits, captured the image of Ramirez during a 2024 editorial shoot for a local fashion magazine. The photo, showing Ramirez with a radiant, post-treatment glow, was licensed exclusively for that publication. According to the complaint, Luxe Glow downloaded the image from Instagram and repurposed it in promotional posts last month, captioning one with “Achieve that celebrity glow like Sofia Ramirez at Luxe Glow! Book your facial today for $199.” Vasquez discovered the misuse when a client alerted her, prompting immediate demands for removal and compensation, which the spa allegedly ignored. “This isn’t just about one photo; it’s about protecting artists’ rights in the digital age,” Vasquez said in a statement to local media. “Businesses can’t just grab celebrity images to sell services without consequences.”
Background: The Image and the Unauthorized Use
The disputed photograph depicts Ramirez, a rising social media star with 2.5 million Instagram followers known for her beauty tutorials and endorsements, lounging in a spa-like setting with flawless skin highlighted by soft lighting. Vasquez registered the image with the U.S. Copyright Office in February 2024 (Registration No. VAu001-234-567), asserting exclusive rights to reproduction, distribution, and display. Ramirez, who was not involved in the suit but provided an affidavit supporting Vasquez, stated she never authorized the spa to use her likeness for commercial purposes, emphasizing her right to control endorsements under Illinois law.
Luxe Glow Beauty Spa, a boutique offering high-end facials, laser treatments, and wellness services, has built a reputation on celebrity-inspired marketing. The spa’s Instagram account (@luxeglowchicago) boasts 75,000 followers, and the posts in question garnered thousands of likes and comments, driving an estimated 20% increase in bookings during the promotional period, per Vasquez’s expert analysis. The spa’s owner, Maria Gonzalez, defended the use in a response to the complaint, claiming it was “transformative fair use” for illustrative purposes and that the image was sourced from public social media. However, Vasquez’s attorneys argue this constitutes willful infringement, as the spa cropped the photo to remove watermarks but retained Ramirez’s identifiable features to imply endorsement.
This incident echoes broader trends in unauthorized image use, where businesses leverage celebrity photos for marketing without licenses. Similar cases have proliferated, with photographers suing for misappropriation when images are repurposed commercially. Vasquez’s suit builds on precedents like Comedy III Productions, Inc. v. Gary Saderup, Inc. (2001), where California’s Supreme Court upheld publicity rights against unauthorized caricatures, and federal rulings under the Lanham Act for false endorsements.
Legal Claims and Potential Ramifications
Vasquez’s complaint outlines three primary claims:
- Copyright Infringement (17 U.S.C. § 501): The spa’s reproduction and display of the registered image without a license violates Vasquez’s exclusive rights. The plaintiff seeks statutory damages, which could reach $150,000 if willful infringement is proven, plus attorney’s fees.
- Right of Publicity Violation: Under Illinois law, using Ramirez’s likeness for commercial advantage without consent is actionable. The statute protects against “the use, for advertising or trade purposes, of an individual’s identity.” Ramirez’s affidavit details lost endorsement opportunities, estimating damages at $100,000 based on her typical fee for beauty promotions.
- False Advertising and Unfair Competition (Lanham Act): By implying Ramirez endorsed Luxe Glow, the spa engaged in deceptive practices, potentially misleading consumers into believing the treatments deliver “celebrity-level” results.
The case is assigned to Judge Rebecca Pallmeyer, with an initial status hearing set for October 15, 2025. Luxe Glow’s counsel, from local firm Harris & Associates, has filed a motion to dismiss, arguing fair use under 17 U.S.C. § 107, as the image was altered for promotional context and not a direct copy. However, experts doubt this defense, citing the commercial nature and lack of transformative elements. “Fair use rarely applies to straightforward advertising,” said IP attorney Laura Chen of Foley & Lardner, who is not involved in the case.
If successful, Vasquez could recover substantial damages, setting a precedent for photographers in Chicago’s vibrant beauty industry. The spa faces not only financial penalties but also reputational harm, as similar scandals have led to boycotts and lost partnerships. Gonzalez has since removed the posts but maintains the suit is “frivolous harassment.”
Broader Context: Rising Disputes Over Celebrity Images
This lawsuit fits into a surge of cases involving unauthorized use of celebrity photos, often in beauty and wellness sectors. In California, misappropriation claims under Civil Code § 3344 have resulted in multimillion-dollar awards, as seen in Motschenbacher v. R.J. Reynolds Tobacco Co. (1974), where a racer’s likeness on ads led to liability. Nationally, the trend accelerated with social media, where businesses scrape images for quick promotions.
Photographers like Vasquez emphasize the need for licenses, especially for high-profile subjects. “Celebrity photos are valuable assets; spas and salons must obtain releases to avoid these pitfalls,” Chen noted. For Ramirez, the case reinforces her publicity rights, allowing control over commercial depictions amid her growing fame.
As the beauty industry in Chicago—valued at $2.5 billion annually—relies heavily on influencer marketing, this suit serves as a cautionary tale. Businesses are advised to use stock images or secure permissions via platforms like Getty Images. Vasquez’s action, if it proceeds to trial, could influence how local spas approach celebrity endorsements, ensuring ethical practices in a visually driven market.