KAMPALA- Ms Victoria Ndagire has dragged two advertising companies, ‘Uganda health marketing group’ and ‘Image Crusade advertising/ printing Limited’ for using her image to advertise contraceptive drugs without her consent.
According to the court documents filed before the High Court Civil Division, Ms Ndagire says that the two companies are unlawfully using her image without her consent or approval to promote the use of various commercial contraceptive drugs.
She claims that the offensive bill boards that bear her image together with various contraceptive drugs which include among others injecta plan, IUD, pillplan with a captioned message stating that “I thought family planning methods would make me infertile. I was wrong”, are all false.
“I am a responsible wife and mother, member of church choir and a gainfully employed person and the use of my image portrays me as a user of the contraceptives who believes that they cannot cause one to be infertile which not my opinion,” Ms Ndagire states.
Nsagire says that the unlawful and offensive use of her image by the companies is causing her stress, significant psychological torture, marital issues, and reputational damage before her family members, church folks, workmates and employment.
She further says that this breaches her constitutional right to privacy and personality rights for which she holds the two companies liable in damages for unlawful using her image.
She adds that it was wrong for these companies to portray her as a brand ambassador or model under contract and as a person who uses, approves, guarantees and warrants to the general public of Uganda that the use of contraceptives cannot cause them to be infertile.
Ndagire claims that the defendants unlawfully used her image for commercial purposes and unjustly enriched themselves from the same which she is thereby entitled to payment in royalties or a percentage of earning derived there from compensation.
She now wants orders for general and punitive damages against the defendants jointly with interest and cost of the suit.