2007 World Series of Poker (WSOP) Women’s Champion Sally Anne Boyer has filed a lawsuit against Harrah’s Entertainment, the WSOP Academy, and other related companies for misuse of her image for advertising purposes.
According to a report in the Las Vegas Sun newspaper, Boyer filed the lawsuit on Monday against the casino giant and the poker training school alleging that her name and likeness have been used in advertising without her permission and that the WSOP Academy states she endorses the school. Also named in the lawsuit were Post Oak Productions of Toronto, Canada (managers of the WSOP Academy) and Post Oak owners Brandon Rosen and Jeff Goldenberg.
After winning the 2007 Women’s Championship during the WSOP, earning slightly over $260,000 and her first WSOP bracelet, Boyer appeared in ads for the WSOP Academy with the byline, “The quickest way to your WSOP bracelet,” and was billed as a graduate of the school. These ads, alleges Boyer’s attorneys Bowler, Dixon, and Twitchell, LLP, appeared in poker magazines, on the WSOP’s website, and in the Academy’s newsletters. The bone of contention between the companies is whether Boyer acquiesced to allow use of her name and image for such purposes and whether she completed the Academy’s classes.
The stakes could be high if Boyer’s attorneys can prove that her likeness was misused. The lawsuit is seeking restitution from the use of her visage and unspecified damages. The WSOP Academy, which has been in existence since early 2007, charges participants anywhere from $1,899 to $2,999, depending upon the intensity of the training, what type of instruction is being conducted, and the instructors involved.
According to sources inside of Harrah’s who requested anonymity due to policies on pending litigation, Boyer’s litigation team contacted the company earlier this year regarding these issues. As Harrah’s and the WSOP do not have any ownership of the Academy, the issue was forwarded onto Post Oak Productions.
As reported also in the Sun, an e-mail dated August 30th, 2007 is a discussion between Rosen and Boyer as to the advertising that would feature Boyer. In the e-mail, which was obtained by Poker News Daily, Boyer states that the ad “looks fine” and offers to send “better” pictures in her “poker… attire” for future advertising. According to sources, Boyer’s attorneys were unaware of this e-mail when the suit was filed and, as of press time, had not returned calls to Poker News Daily.
Poker professional Mark Seif, who is one of the instructors for the Academy, stated to Poker News Daily, “With respect to the recent Sally Anne Boyer filing, I think its best to refer you to a statement Jeff Goldenberg, the CEO of Post-Oak Productions, made yesterday regarding the case.” In that statement, Goldenberg was quoted as saying, “I would like to comment in detail, but our attorneys won’t let us. Suffice it to say we were absolutely shocked that this suit was filed. The suit is entirely baseless and we look forward to being entirely vindicated when all of the facts come out in court.”
Boyer’s lawsuit is reminiscent of the lawsuit filed by seven top poker professionals against the World Poker Tour (WPT) a few years ago. In 2006, the seven players – Andy Bloch, Annie Duke, Chris Ferguson, Phil Gordon, Joe Hachem, Howard Lederer, and Greg Raymer – alleged that the WPT’s standard release forms required for participation in its tournaments were a violation of the Sherman Antitrust Act.
The seven players argued that the forms were anti-competitive and conflicted with their contractual obligations to other companies and organizations. After a great deal of posturing, Hachem and Raymer dropped out of the lawsuit (with Hachem notably going on to win the 2006 WPT Five Diamond World Poker Classic) and the remaining five players eventually settled out of court in April of 2008.
