Civil Procedure
Jane Doe Gets to Keep Pseudonym in Suit Over Online Ad
Posted May 16, 2008, 07:06 am CDT
By Molly McDonough
A part-time actress and elementary school teacher will get to remain anonymous for now as she seeks a $5 million claim against a jewelry company she claims violated her rights when it used her image for an Internet commercial that depicts her having a fake orgasm when she receives a diamond necklace.
The woman, identified as Jane Doe, appeared in a Szul Jewelry "Rock Her World" YouTube ad that, after media coverage of her case, became an Internet sensation, the New York Law Journal reports. Szul removed the ad from the Internet on Jan. 17, the article reported.
Szul had argued that the woman's name should be revealed because using a pseudonym violated the presumption of openness in court proceedings.
But Acting Supreme Court Justice Shirley Werner Kornreich of Manhattan disagreed. She ruled that because Szul knows who the woman is and because her real name can be used in discovery, "the only purpose revelation of plaintiff's name could have would be to further discomfit plaintiff and perhaps deter her from litigating the matter. In fact, revelation of plaintiff's identity would undermine the litigation by denying a portion of the relief ultimately requested in the action."
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