Playboy Playmates Say Club Used Altered Images to Promote Brand

A group of seven professional models that include at least two former Playboy Playmates say a Maryland nightclub used their images to promote their business without their knowledge, alleging false advertising, defamation, and privacy laws violations.

The Hanover, Maryland club called The Original Cancun Cantina, and its owner Roy Craig Foster, Jr., allegedly used altered images of the women on the club’s Instagram page to promote the venue, though they never provided their consent or authorization, the plaintiffs claim.

“Each of the Plaintiffs’ Images was misappropriated, and intentionally altered, by Defendants to make it appear that they worked at, endorsed, or were otherwise associated or affiliated with Defendants,” according to the complaint filed Monday with the US District Court for the District of Maryland.

The playmates are each “well-known professional” models, the complaint says, including at least two—Tiffany Gray, also known as Tiffany Toth, and Sara Underwood—that have held the “prestigious title” of a Playboy Playmate.

Defendants used the plaintiffs’ image in order to create the “false impression” that plaintiffs either worked at the bar or endorsed the businesses, the complaint asserts. “This was done to promote and attract clientele to Defendants’ establishment, and thereby generate revenue for Defendants,” it says.

Plaintiffs used the images “to market to potential clients, grow their fan base, and build and maintain their brand,” the complaint says.

The plaintiffs alleged several causes of action, including false association and false advertising under the Lanham Act, and that their Maryland common law privacy rights and rights to publicity under the Allen Toussaint Legacy Act were violated. They also assert that the defendants violated the Maryland Consumer Protection Act, as well causes of action, including defamation, negligence, unjust enrichment, and quantum meruit.

Gray and the other plaintiffs seek damages, punitive and treble damages under the Lanham Act; attorneys’ fees and costs; and an order permanently enjoining the defendants from using the plaintiffs’ images to promote the club.

Representatives of the club did not immediately respond to questions about the complaint.

The Casas Law Firm PC represents Gray.

The case is Gray v. Lighthouse Oyster Bar and Grill LLC, D. Md., No. 1:24-cv-03255, complaint 11/11/24