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Tuesday, November 8, 2022

Actress Phuti Khomo Is Suing Tsogo Sun For R30-million!

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Former Muvhango actress Phuti Khomo is suing Tsogo Sun for a whopping R30-million after accusing the company of using her image rights for profit without her permission!

According to Sunday World, the former Miss SA Teen obtained summons against Tsogo Sun at the Joburg High Court in September this year after the company bosses ignored her lawyers’ letters of demand to pay her the staggering amount.

In court papers, seen by the publication, Phuti Khomo explains that she was invited by Tsogo Sun to attend a promotional event at Monte Casino and Hotel in Fourways, north of Joburg, a few years ago.

According to the paper, Phuti Khomo said at the event she and other guests were taken around the casino and shown the facilities and the benefits of the reward cards.

She claims that while at the event the casino employees photographed her.

The Entanglement actress said the casino did not give any reason why the employees were taking pictures or their intended purpose.

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Phuti Khomo said she discovered in January 2020 that Tsogo Sun was using her image, name, and likeness on its website as an advertisement for its reward cards.

Furthermore, she said, Tsogo Sun caused her images, name, and likeness to be used by other publications to promote its products. 

“As the results of the publication, advertisement and promotion, and marketing by the defendant, the defendants violated the right of the plaintiff and further caused harm to her brand and image,” read the court papers seen by Sunday World.

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Phuti Khomo further said the use of her name, image, and likeness infringed on her constitutional right to privacy, reputation, and dignity. This is because she argues, the hotel group used them to promote its facility in a misleading way as they gave the impression she endorsed the company’s products and facilities.

The former YFM presenter also said her image, name, and likeness were of proprietary value to her and because of their wrongful usage by Tsogo Sun, she suffered financial losses.

“The plaintiff has lost opportunities with other competitors of the defendant as they associate her name, image, and likeness with that of the defendant (sic). The defendant further derived profit from the use and publication of the use of plaintiff’s name, image, and likeness to promote their product and facilities. As a further result, the plaintiff suffered damages in the amount of R30 000 000,” read the papers.

Phuti Khomo said the amount consisted of R10-million for actio iniuriarum (right to dignity), R10-million for constitutional damage, and another R10-million for the past, present, and future loss of earnings. 

“In the premises, the defendant is liable to the plaintiff in the amount of R30 000 000, which the defendant has refused or neglected or failed to pay the plaintiff.”

Source: Sunday World

www.goxtranews.com | email - goxtranews@gmail.com

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