10/26/2004 at 08:45 AM EDT
Representatives for the Spice House – a Reno, Nev., strip club that bills itself as "Reno's friendliest topless cabaret" – are firing back at actress Catherine Zeta-Jones, saying she should have appreciated that the company was using her photograph on its Web site and that she should "pick on someone her own size."
"She should have been flattered, as far as I was concerned, " says Kent Wallace, marketing director for The Spice House, according to the New York Post.
Wallace said that the company downloaded Zeta-Jones' picture from a royalty-free graphics Web site, and that the strip joint had no idea that the woman in the picture they posted was Zeta-Jones. "One wouldn't think (her image) would appear in a free graphics Web site," Wallace said.
The Spice House immediately removed the picture when contacted by attorneys for Zeta-Jones, who filed a lawsuit against the club Thursday. Wallace called the suit "frivolous," and said that the club would ask a judge to dismiss the case.
In the suit against the club, attorneys for Zeta-Jones argued that using her image in conjunction with pictures of other partially unclothed women created an impression that the actress endorsed the Web site's content. The suit also said that the photos could "dilute the value of (Zeta-Jones's) celebrity endorsement."
The lawsuit seeks unspecified damages and bars The Spice House from further using her image.