FEDERAL COURT Judge halts use of Bosley images

The judge said it appears likely that Bosley would prevail in a trial.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
AKRON -- A judge has blocked the use of images of former local news anchor Catherine Bosley participating in a wet T-shirt contest at least until October.
That's when a trial is scheduled in U.S. District Court, Akron, in Bosley's lawsuit against several operators of Web sites and video distributors. She filed the suit in February, contending the defendants were using her image without her permission.
In a 35-page decision handed down today, Judge James S. Gwin said it appears likely that Bosley would win at trial. He granted Bosley's request for a preliminary injunction, which will bar the use of her images by the defendants until the case goes to trial.
If she wins the trial, the injunction can be made permanent. If the defendants win, they can resume posting Bosley's image and selling videos on which she was shown, the ruling says.
"No one had permission under Florida law to do what they did to her, and this opinion affirms that," said Bosley's attorney, Mark S. Colucci of Youngstown.
Recap
Bosley, a former reporter and news anchor at WKBN Channel 27, participated in a wet T-shirt contest while vacationing with her husband in Florida in March 2003. During the contest, she took off her clothes and danced nude in front of the crowd.
Pictures of the event later surfaced on the Internet, and Bosley was shown on a video called "Dream Girls Spring Break 2003." She resigned her job at WKBN after word got out about the pictures and videos.
Bosley sued, saying no one had gotten her permission to use her images. The defendants countered that by dancing within feet of what was clearly a Dream Girls video camera, and by looking directly into the camera, Bosley gave her implied permission.
But Judge Gwin said in his decision that under Florida law, either written or oral permission is required. That was not done, so he ordered the images to be blocked.
Hurting career
Bosley has said fallout from the pictures and videos has prevented her from finding another job.
"This court cannot speculate as to how long [Bosley] can go unemployed before she becomes virtually unmarketable," Judge Gwin wrote. "However, it is likely that the sooner Bosley is able to regain control of her persona, the more likely she is able to turn around her career."
bjackson@vindy.com