12:20pm PT by Eriq Gardner
Katherine Heigl Ends Lawsuit Over Duane Reade Tweet (Exclusive)
Katherine Heigl has withdrawn a $6 million lawsuit against drugstore chain Duane Reade for posting on Twitter and Facebook a paparazzi photo of her carrying the chain's shopping bags.
The actress sued this past April on claims that Duane Reade had violated the false advertising provision of the Lanham Act as well as New York civil rights statutes protecting use of likenesses for purpose of trade.
Duane Reade has now removed the objectionable tweet that stated, "Love a quick #DuaneReade run? Even @KatieHeigl can’t resist shopping #NYC's favorite drugstore http://t.co/l4Ge1lEKL9 pic.twitter.com/uGTc3k1Mii"
Papers to dismiss the lawsuit were submitted in New York federal court on Tuesday. The dismissal comes with prejudice, meaning that Heigl can't later sue again over Duane Reade's tweet and Facebook post. No terms were revealed in court papers, but Heigl's attorney provides at least some detail.
"Katherine Heigl and Duane Reade have worked out a mutually beneficial agreement," says Peter Haviland at Ballard Spahr. "Ms. Heigl has voluntarily dismissed her lawsuit, and Duane Reade has made a contribution to benefit the Jason Debus Heigl Foundation. The parties have agreed to keep the terms of the agreement confidential."
As for corporations wishing for some legal guidance on whether or not the First Amendment protects certain truthful social media statements discussing celebrities using their product or service, they'll have to await a future case. In the meantime, they can pay attention to @THRESQ.
Updated 4:30 pm: Statement from Heigl's attorney added.