Katherine Heigl is suing the drugstore over an image it posted to Twitter (TWTR) of the actress carrying two bags with Duane Reade’s logo on them in New York City. The image was accompanied with a quick message saying that even Heigl couldn’t resist shopping at the drugstore, reports The Los Angeles Times.
Katherine Heigl apparently tried to settle the matter out of court, but was unable to. If she wins the lawsuit for $6 million, she says she plans to give it all to the Jason Debus Heigl Foundation. The Jason Debus Heigl Foundation is a charity that helps animals. It was set up in memory of Heigl’s brother, who died in a car accident, the L.A. Times notes.
“News photos of people—not just celebrities or athletes in the sports pages, but also ordinary people who may be photographed because of an accident or flood or fire—appear in the papers every day,” Peter L. Haviland, Katherine Heigl’s lawyer, told E! “That doesn’t give a profit-making company like Duane Reade the right to take a news photo of you or your son or daughter, modify it to their benefit, and make it part of an advertising campaign.”