PENSACOLA — A Pensacola disabled Vietnam veteran says online retailer Redbubble missappropriated his image to sell merchandise.
Henderson English, through his mother Marie English, filed a seven-page lawsuit on July 16 in U.S. District Court for the Northern District of Florida against the San Francisco-based Redbubble Inc.
English claims Redbubble lifted his image from an online video uploaded by his nephew approximately two years ago.
The vet seeks an injunction to stop the retailer from selling the shirts.
"Defendant used plaintiff's likeness to market and sell a line of clothing to men and women," the complaint states. "T-shirts bearing plaintiff's likeness range in price from $19.90 to $27.50. A pullover lightweight hooded sweatshirt bearing plaintiff's likeness sells for $45.00."
English is a 71-year-old Vietnam War veteran. During two tours of Vietnam, English was award with two Purple Heart medals and two Bronze Star medals. The lawsuit describes him a "disabled veteran" and "incompetent" at the time tthe acts occurred.
"Plaintiff became aware of defendant's misappropriation and egregious use of his likeness approximately five months ago," the lawsuit states.
The lawsuit alleges violations of federal statute that bars misappropriation of names and likenesses and invasion of privacy.
English seeks a jury trial, and judgment against Redbubble for compensatory damages and punitive damages. The lawsuit also seeks an injunction to stop Redbubble from further use of his image.
The case has been assigned to U.S. District Court Judge Roger Vinson.
English is represented by Nashville attorney Luvell L. Glanton.