Luisana Lopilato: trial for the use of her image in Punta del Este
The trial for the use of Luisana Lopilato's image enters its final stage in Maldonado with the sentencing scheduled for this Monday at 5:45 p.m. by the 5th Court. The case seeks more than US$5 million for the unauthorized use of the actress's image when she was a minor. The case, which has been ongoing for more than a decade, yielded partial rulings favoring the plaintiff, although the companies' defense team denies liability and argues that the statute of limitations has expired.
Background of the case and the original notice: Image use trial
The commercial in question aired in Punta del Este in May 1994 and featured a girl with a teddy bear, while the ad linked home security to the alarm company Nautiland SA. The commercial aired between 1994 and 2006, and years later, the protagonist acknowledged her image had been used without authorization. The lawsuit alleges that the use continued even after the company was acquired.
Punta del Este Advertising: The Appearance, the Claim, and the Confirmation in 2012
In 2012, during a trip to Punta del Este, the actress noticed that her image continued to appear on local posters and shop windows, prompting a lawsuit alleging improper use of her image. The case also includes claims for lost earnings and moral damages, the amounts of which were updated to reach the current figure of over US$5 million. Documentary records and witnesses provided evidence of the continued use of the advertisements over the years.
Prosegur Uruguay and the sale of Nautiland SA in the case
Nautiland SA was acquired by the multinational Prosegur more than 15 years ago, and the lawsuit claims that exploitation of the image continued even after that transfer. The accusation includes references to alleged reappearances of the ad in 2010 and 2013 and calls for liability for both the original company and its successors. The companies, however, maintain that there is no direct attributable liability and call for the statute of limitations on the action.
Damages: the amount claimed and the legal arguments
The actress's claim combines compensation for moral damages with compensation for lost earnings, two concepts that the court must evaluate within the evidentiary framework. Judge Federico Nicolás Rodríguez has already ruled on preliminary aspects in favor of the plaintiff, but the final judgment will determine whether the amounts requested are proportional and who is legally liable. At the hearing, the court may establish criteria regarding the scope and amount.
Procedural status and expectations after the reading of the sentence
The case has been pending in Maldonado's courtroom for over 12 years , and Monday's ruling will be crucial to closing a long period of judicial debate. If the ruling confirms liability, in addition to the amount, it could open the door to similar claims regarding advertising files and image reuse. If, on the other hand, the statute of limitations claimed by the companies is upheld, the ruling will close the civil proceedings in this specific case.
