YNOT – Claiming invasion of privacy and breach of contract, an adult internet model has sued a website operator the model says never awarded her a contest prize package and used her husband’s work without compensating him.Tennessee residents Jacqueline and Justin McKee filed suit Oct. 13 in the U.S. District Court for the Western District of Tennessee at Memphis seeking $700,000 in compensatory damages plus unspecified punitive damages from Meltech Inc., a Nebraska company owned by Melissa Harrington. Harrington is better known in the adult industry as Melissa Midwest, an internet model who also owns the affiliate program Melissa Money and the contest website MelissaContest.com.
According to the complaint, Jacqueline McKee was named the winner of MelissaContest.com’s amateur model competition in March 2008, but she never received the prize she was promised.
“For winning the contest, [Meltech] promised to pay Jacquelyn McKee $100,000, provide a leased vehicle for one year and provide a fully furnished apartment for one year,” the complaint notes. “[Meltech] failed to uphold their obligations under the contest, and constitutes a breach of contract for which Jacquelyn McKee is entitled to damages.”
In addition, according to the lawsuit, Meltech and McKee entered into a contractual relationship to establish a membership site called FoxyJacky.com with the intention of promoting McKee’s career in adult entertainment. Meltech cancelled the contract in November 2009, but the site remains live and periodically is updated with explicit content that is represented as “new” by Meltech.
The content is a particular sticking point for the McKees. The lawsuit alleges that although Jacquelyn McKee provided relevant 2257 documentation and consent forms for every photo and video in which she appears on FoxyJacky.com, Justin McKee — who appears with his wife in a number of scenes — did not. In addition, Justin McKee wasn’t compensated for his appearances or for lensing the material.
“Defendant has been unjustly enriched by the services provided by Justin McKee and for the images,” the complaint states. In addition, “Defendant has continued to profit from their unauthorized use of Justin McKee’s images and other electronic media for their commercial gain.
“Defendant’s conduct constitutes willful or wanton reckless disregard so egregious as to justify the imposition of punitive damages, in order to deter others similarly inclined,” the complaint avers.
The McKee’s have requested a jury trial.
Harrington did not respond to a request for comment.
