Lorna Jane is back in hot water after a Brisbane teen has sought legal advice, claiming the active wear brand stole her photo and printed it on a top they are now selling in stores.
19-year-old Lydia Jahnke posted a photo of herself on top of Mt Mee after a hike in July on her Instagram account, which was later reposted by Lorna Jane.
Months later, the teen – who has built a fitness following of her own on social media – noticed a Lorna Jane top with her photo printed on it.
“I was pretty excited until it was brought to my attention that what they did wasn’t legal … they never asked for my permission to use the photo,” Ms Jahnke told The Courier Mail.
“I emailed the company and told them they had used my photo and asked them to send me a shirt, and they did so happily.”
Jahnke has since sought legal advice with special counsel Ian McDonald from Simpsons Solicitors representing her.
Left: The image posted by Lydia Jahnke on Instagram. Right: The Lorna Jane top.
While Jahnke claims to mainly want an apology from the active wear company she’s adored for so long, McDonald said she is entitled under the Commonwealth Copyright Act to damages including the general licence fee plus profits made from sales of the top.
“Not only have they used her photo on their T-shirt but she had no say in whether that could be used on the shirt or not,” Mr McDonald said.
Jahnke told The Courier Mail the company is now claiming she was aware of the image use before the top went into production.
“They’ve built this whole company on empowering women and positivity but they won’t even be honest with me.”
A Lorne Jane spokeswoman would not comment on the matter when The Courier Mail approached them.
It’s not the first time the Australian active wear brand has made headlines.
Lorna Jane was in hot water earlier this month due to an employee filing a bullying lawsuit.
The active wear retailer also made headlines this year after advertising for a receptionist with a 70 cm waist and between a size 8 and 10.
The body measurements were required as the receptionist was to double as a ‘fit model’ for the brand.
