A "Girls Gone Wild" video marketer can be sued for using an image of a topless 14-year-old on a video box cover, Georgia's highest court has ruled.
Plaintiff Lindsey Bullard was just 14 years old back in 2000 when she flashed her breasts to two men she didn't know in the popular destination of Panama City, Fla.
The then-teen knew they were taping her, but she says she didn't realize the footage would ultimately go to "Girls Gone Wild" marketer MRA Holding LLC.
MRA used a still image of her on the cover of "College Girls Gone Wild," with the words "Get Educated!" superimposed on her breasts, according to the court ruling.
Bullard filed a lawsuit against MRA in 2004, claiming she became known as a "porn star" at school after the video was released. A judge dismissed her claim for child exploitation in September, ruling that a private citizen can't sue over alleged violations of Georgia's child explotation laws. (Only the government can file criminal charges over those laws.)
The judge also agreed with MRA that Bullard never produced any evidence that the "Girls Gone Wild" makers knew she was a minor.
However, the Georgia Supreme Court was asked to weigh in on whether she could still pursue her case under a different legal doctrine — an "appropriation of likeness claim."
Under such a claim, people can sue companies for making money off their images without their permission. The Georgia Supreme Court ruled Bullard can in fact sue under such a claim.
"Here, Bullard is a private citizen whose image was arguably used without her consent to endorse an MRA product for MRA's commercial gain," the court ruled.
Lawyers for both sides did not immediately respond to requests for comment Friday.
SEE ALSO: 'Girls Gone Wild' Founder Files For Bankruptcy So Steve Wynn Can't Get Its Money
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