WSOP tourney winner sues Harrah’s over marketing

By Steve Green

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

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

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.