Subscribe Register Login
Wednesday, December 13, 2017, 12:30 p.m.

ADVERTISEMENT

Top Picks - Capture Arkansas

Court dismisses lawsuit over erotic book with couple's photo

By The Associated Press

This article was published November 22, 2017 at 2:06 p.m.


Use the form below to sign up for any or all of the Arkansas Democrat-Gazette's free newsletters:

















CINCINNATI — A federal appeals court has spiked an Ohio couple's case against companies that distributed an erotic fiction book about a woman's desire for New England Patriots star Rob Gronkowski.

The 6th U.S. Circuit Court of Appeals ruling Tuesday upheld a lower court's dismissal of the case against Amazon.com, Barnes & Noble Inc. and Smashwords filed by a couple referred to as John and Jane Roe.

The couple says an engagement photo that shows them embracing was pulled from their photographer's website without their knowledge and used on the cover of A Gronking to Remember. The book was self-published using the defendant companies' online services by a male author writing under the pseudonym "Lacey Noonan," according to court records.

The couple's lawsuit describes the 2014 book as raunchy and distasteful and says their privacy rights were violated.

The book began showing up in Gronkowski's media appearances, including at the Super Bowl media day in 2015 and in a jocular reading he gave on ABC's Jimmy Kimmel Live.

Court records indicate that the Gronking author changed the cover at least twice, first to remove images with the Patriots' trademarks after the NFL club complained, and then again after hearing from the Roes. The couple sued in Miami County, Ohio, court in February 2015, and the case was then transferred to federal court.

U.S. District Court Judge Thomas Rose in Dayton ruled against the couple last year, saying the corporate defendants were book distributors broadly protected by the First Amendment because their self-publishing services were the "next logical step after the photocopier."

The three-judge appeals panel said the couple failed to show the companies were aware of any photo rights issue.

"We conclude that the plaintiffs have not offered any facts to support a finding of liability on the part of the corporate defendants," Judge Alan E. Norris wrote in its opinion.

Messages were left Wednesday for the couple's attorney.

ADVERTISEMENT

Comment on: Court dismisses lawsuit over erotic book with couple's photo

To report abuse or misuse of this area please hit the "Suggest Removal" link in the comment to alert our online managers. Read our Terms of Use policy.

Subscribe Register Login

You must login to make comments.

Displaying 1 - 1 of 1 total comment

RBBrittain says... November 22, 2017 at 3:59 p.m.

So, is Gronkowski's jersey number too raunchy for this fine newspaper? ;)

( | suggest removal )

  • page
  • 1
Click here to make a comment

To report abuse or misuse of this area please hit the "Suggest Removal" link in the comment to alert our online managers. Read our Terms of Use policy.

ADVERTISEMENT

SHOPPING

loading...

ADVERTISEMENT

Top Picks - Capture Arkansas
Arkansas Online