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by on March 12, 2012

Remember Hailey Clauson? The 16-year old model suing Urban Outiftters for $28 million after the mass retail chain used a “blatantly salacious” image of her for a T-shirt? Well, pack your legal briefs because a New York federal judge has ruled that the case actually holds water and will go to court.

Jailbait: Teen Models Lawsuit Against Urban Outfitters Heading to Court

The photo in question of a then 15-year-old Clauson was never to see the light of day after her agent at Ford complained to the photographer, one Mr. Jason Lee Parry. Parry, who agreed not to license the images for commercial use, claims the photos were stolen from him, however Mitra Khayyam, the founder of T-shirt label and co-defendant Blood Is the New Black, begs to differ.

Khayyam stated that Parry met with him several times and was paid for his images including the controversial biker spread eagle.

Jailbait: Teen Models Lawsuit Against Urban Outfitters Heading to Court

Parry also argued that Clauson posed herself and that he didn’t find the images salacious and if others saw it that way it was “bad on them.”

Well, Judge George Daniels saw something as he rejected Urban Outfitters’ move for dismissal claiming that Clauson “has sufficiently alleged a cause of action against Urban Outfitters for use of her image to create false endorsement or false designation of origin, as well as claims for false representation of the characteristics or qualities of plaintiff’s modeling services.”

In other words, Urban made her look like a skank. A cheap skank.

This, however, makes her look like a high fashion model. Note the difference. And see you in court. [Telegraph via WWD]

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Contributed by Lester Brathwaite

I was center square from 1969 to 1978, during which I perfected the art of the zing as well as a crippling cocaine addiction. Bea Arthur was responsible for both. @LesFabian lester dot brathwaite at gmail