A New Mexico woman has been trying to get her photo taken off a novelty flask that is sold all over the country -- and now, she's suing.
You may have seen this flask in gift shops nationwide. It reads: "I'm going to be the most popular girl in rehab," and the words are next to the photograph of a beautiful smiling woman.
Veronica Vigil, who lives in Chimayo, says she is the woman in that photo. She claims it was taken for her 1971 year book photo at Pojaque High. Vigil's attorney says she never gave the artist permission to plaster the photo on a flask with that caption.
"She's a very quiet, sweet person, and it brought her to tears. Just to even talk about the fact her children and grandchildren would be seeing this in the future," Vigil's attorney said. Vigil is now suing Anne Taintor, the artist behind the image, and Doodlet's, a store in Santa Fe, for defamation.
An attorney for Doodlet's says the lawsuit has no merit because Doodlet's never carried the product.
According to court documents, the artist says she purchased Vigil's high school graduation photograph, which she claims was for sale. Vigil's attorney says he doesn't buy that.
"They don't say where or how or from whom they purchased this image. We suspect that when Anne Taintor was living here in New Mexico, she picked up a copy of the yearbook at a rummage sale," said Vigil's attorney.
He says Veronica Vigil -- who doesn't even drink -- just wants her face off the flask.
Both sides say they want the case to go before a jury.
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