Heigl, the star of the films "The Ugly Truth" and "Life as We
Know It" and a best supporting actress Emmy winner for "Grey's
Anatomy," filed the lawsuit on Wednesday in New York federal
The complaint said she was photographed in March near a Duane
Reade store in New York while filming a new television series.
Duane Reade posted the photo on its Twitter and Facebook account
with captions advertising the store without her approval, the
Duane Reade did not immediately respond to a request for
"We expect Duane Reade to pay for its willful misuse of
Katherine Heigl's name and likeness," said her lawyer Peter
Haviland, adding that any money recovered would go to a charity
she has supported for many years.
The complaint said Heigl intends to donate all proceeds from the
lawsuit to The Jason Debus Heigl Foundation, which was
established in 2008 after her brother was killed in a car
The 15-page lawsuit cited a tweet that Heigl claimed Duane Reade
posted last month. "Love a quick #DuaneReade run? Even @KatieHeigl
can't resist shopping #NYC's favorite drugstore," it said.
The lawsuit said the tweet featured a paparazzi photograph of
Heigl which was also posted on Facebook. It included a logo in
the lower right corner that said, "Just Jared," referring to a
celebrity news website specializing in paparazzi photographs.
It added that the actress "is highly selective and well
compensated" when she chooses to endorse a product or service.
But she did not authorize the store to use her name, picture or
"Duane Reade is liable for not less than $6 million in
compensatory and punitive or treble damages," according to the
(Reporting by Casey Sullivan; editing by Patricia Reaney and
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