Avril Nolan is positively irate.
Because she is not HIV positive.
The model is seeking $450,000 from Getty because it used her image in a quarter-page Division of Human Rights ad that appeared this April in the newspaper amNewYork, one that reads: “I am positive (+) … I have rights.”
Nolan says the poster implies she has this disease, adding that the picture in it is from a fashion shoot two years ago and never meant to be used in such a manner.
Erin Lloyd, Nolan's attorney, says her client was “mortified” upon seeing the ad and that it has "has caused a lot of anxiety.”
“Upon learning of the publication, [Ms. Nolan] became instantly upset and apprehensive that her relatives, potential romantic partners, clients as well as bosses and supervisors might have seen the advertisement,” Lloyd writes in the lawsuit.
“Feeling humiliated and embarrassed, [Ms. Nolan] was forced to confess to her bosses that her image had been used in an advertisement for HIV services, implying that she was infected with HIV, in a newspaper often used by her own clients for advertising and that is distributed to tens of thousands of New Yorkers every day.”
Photographer Jena Cumbo, who snapped the pic, tells The New York Daily News that a lot of people involved in this incident "dropped the ball" and that she did not comprehend her contract with Getty.