WSOP tourney winner sues Harrah’s over marketing

Published Wednesday, Oct. 28, 2009 | 2:10 a.m.

Updated Wednesday, Oct. 28, 2009 | 2:51 p.m.

Details of the 2007 tourney

A World Series of Poker tournament winner is suing Harrah's and the World Series of Poker Academy, charging they've been using her name and likeness for advertising without authorization and falsely claiming she endorses the academy.

Sally Anne Boyer filed suit Monday in Clark County District Court in Las Vegas against Harrah's Operating Company Inc., owner of the World Series of Poker; as well as Post-Oak Productions Inc. of Toronto, doing business as the World Series of Poker Academy; and Post-Oak owners Brandon Rosen and Jeff Goldenberg.

But the World Series of Poker Academy on Wednesday disputed the allegations and said Boyer willingly participated in its advertising.

Boyer, of Midway, Utah, won the World Series of Poker's Ladies No-Limit Hold'em World Championship in June 2007, winning $262,077 in cash, a WSOP bracelet and a Corum watch.

"Soon thereafter, the WSOP Academy began extensive marketing efforts, using Boyer's recent win to widely market itself as an academy that breeds success in tournaments," the lawsuit charges.

The lawsuit says the WSOP Academy educational business was launched by Harrah's in January 2007 and that Harrah's granted a license to Post-Oak to manage, produce and market all WSOP Academy events and that Post-Oak is a partner or in a joint venture arrangement with Harrah's.

Boyer charges the WSOP Academy has published advertisements with a photo of Boyer with her winnings and attributing to her a quote, "The quickest way to your WSOP Bracelet!," and calling her an "Academy Graduate."

But her lawsuit claims she only attended one day of a two-day WSOP Academy event, did not complete the course and is not a graduate of the academy.

"Boyer never said nor authorized a statement on her behalf to the effect that participating in the WSOP Academy was 'the quickest way to your WSOP Bracelet!' or intimating that her success in the tournament was attributable to her experience attending one day of a two-day WSOP Academy event," the lawsuit charges.

Advertising associating Boyer with the academy has been published in Bluff magazine, on the WSOP Academy Web site, in e-mail marketing and in academy newsletters, the lawsuit says.

The suit asserts claims of false endorsement and violation of the Nevada right of publicity law that Boyer says grants her the right of publicity associated with her name, voice, signature, photograph and likeness.

The suit seeks unspecified damages; a restraining order, an injunction and recovery of profits allegedly associated with the use of Boyer's name and likeness. The suit was filed by attorneys with the Henderson law firm of Bowler Dixon & Twitchell LLP.

Harrah's did not immediately respond to a request for comment. But Goldenberg, co-owner of Post-Oak, disputed the allegations in the lawsuit Wednesday and provided an August 2007 e-mail from Boyer.

In the e-mail, Boyer responded to Post-Oak's request that she be included in an advertisement.

"Think the latest ad looks fine. I'd like to mail you a better picture I have of myself in my 'poker tournament attire' which you could use for future ads if you like," Boyer said in the e-mail.

The academy has been promoting upcoming academies at prices ranging from $1,899 to $2,999.

Discussion: 13 comments so far…

By lcdrmandingonamvet

10/28/09 at 5:53 a.m.

Comment removed by staff. Off topic.
By GrandmaCrabby

10/28/09 at 6:20 a.m.

Suggest removal

The instructors include Phil Hellmuth, Howard Lederer, Annie Duke, Greg Raymer, Phil Gordon, Annette Obrestad, Kenny Tran and Paul Wasicka. And this woman thinks she's the attraction that makes people sign up?
By homer

10/28/09 at 8:51 a.m.

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Grandma, You missed the point Harrah's did not have permission to use her name or likeness in it's advertising. She never claimed to be anything special although she won a championship which is more than can be said for you. If Hellmuth is your hero then you are a nit wit. As a matter of fact she admits to attending one day of classes and never went back. I guess she won her the chamionship without taking lessons from the loud mouth,a hole Hellmuth who is a fraud.
By goingbust

10/28/09 at 10:20 a.m.

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Why do ladies need their own World Series of Poker like they need their own Golf and Tennis matches? Is it because they are as inferior to men mentally as physically or something else? Maybe we should set aside a set of Ladies Nobel Prizes too so they can more successfully compete there too...
By cjgvegas

10/28/09 at 10:26 a.m.

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Some years ago we had to sign paper that gave the WSOP permission to do certain things. I don't remember but I think it had to do with permission to use any person for advertising purposes and promotions. However, saying she completed the course when she did not is something else.
By pokerfan

10/28/09 at 10:27 a.m.

Suggest removal

This woman seems to be dishonest and greedy. If she claims that she never went to the Academy of the WSOP how does she explain this? "I attended the Ladies World Series of Poker Academy this past weekend which was amazingly helpful helped my confidence level and my skill. I just love it, can't wait to do more"
Video - http://www.youtube.com/watch?v=wHPIz_BEb...
Interview - http://www.pokerlistings.com/poker-playe...
By GrandmaCrabby

10/29/09 at 6:20 a.m.

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No, Homer, you missed the point. She's asking for profits associated with the use of her name. What profits associated with the use of her name? Name me one single person who saw her name mentioned and said, "Wow!!Sally Ann Boyer! I must sell my car to raise the money to attend this academy! Sally Ann Boyer!!"

Hellmuth is indeed a jerk, but given that he has won 11 WSOP bracelets, I think he may know a little something about poker. And so do the other seven people I listed.

But Sally Ann Boyer? Really? You think she's the attraction?
By GrandmaCrabby

10/29/09 at 6:49 a.m.

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A few other things about Hellmuth being "a fraud".

As I noted above, he has won 11 WSOP bracelets. That's more than anybody else in the history of the WSOP. He has cashed 75 times. That's also more than anybody else in the history of the WSOP. His total WSOP winnings are $6,106,838.

This is your idea of a fraud?

You don't have to like the guy to think he could teach you something about No Limit Texas Hold'em.

But Sally Ann Boyer? Her testimonial should matter to anybody?
By 89suited

10/29/09 at 9:35 a.m.

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Grandma, please put down the hooch and pay attention. It is Miss Boyer's legal RIGHT to pursue this action. The WSOP violated her rights, and need to pay the price. And BTW, is your name really Grandma Helmuth?
By Phargo

10/29/09 at 10:37 a.m.

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Like I said,,,,A woman's place is in the mall.
By STARBEAMS

10/29/09 at 10:46 a.m.

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You know, Harrah's has a reputation for fleecing those whom they feel they can.
By GrandmaCrabby

10/29/09 at 11:18 a.m.

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89suited, please put away the hookah and pay attention. She can pursue the legal action, and the award will be based on damages. Given that her "endorsement" is irrelevant and meaningless, she is entitled to an award of $0.01. But no court costs. Her "endorsement" generated no profit, and therefore no monetary award should be made.

And by the way, are you capable of constructing a fact-based argument, or do you always rely on snide personal attacks?

I laid out the facts regarding Phil Hellmuth's qualifications. Based on his long-term success he is arguably the most successful No Limit Hold'em player alive. As such, his instruction may be thought quite valuable. People are going to sign up for the WSOP Academy based on the course content and the quality of the instructors, not based on an endorsement from a beginner who got lucky in the least significant event on the WSOP schedule.

And your highly intellectual and well-thought-out response is "Is your name really Grandma Helmuth (sic)". My, what an insightful argument.
By Burrittobandit2

10/29/09 at 1:47 p.m.

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WSOP players are dumb low IQ blue state retards who can't hold down a real job.