Case 3:11-cv-01526-JAF Document 1 Filed 06/06/11 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

PEDRO ROSA NALES BY HIM;

CIVIL NO. 11-1526
PLAINTIFFS

VS.

CARNIVAL CORPORATION d/b/a

CARNIVAL CRUISE LINES; CARNIVAL
CRUISE LINES, INC. D/B/A CARNIVAL
CRUISE LINES;
X, Y AND Z INSURANCE COMPANIES;
JOHN DOE; MARK DOE; JOE DOE AND
CLARK DOE;
PLAINTIFFS DEMAND
DEFENDANTS
TRIAL BY JURY

COMPLAINT

TO THE HONORABLE COURT:

COMES NOW, plaintiff through its undersigned attorney and very respectfully states,

alleges and prays:

I. JURISDICTION

1. This Honorable Court has jurisdiction over the present actions pursuant to 28 U.S.C.

1332 over state law claims under Articles 1802 and 1803 of the Civil Code of Puerto Rico,

section 5141 et. Seq., of Title 31 of the Laws of Puerto Rico Annotated. Total diversity of

citizenship exists between plaintiff and defendants, and the amount in controversy exceeds the

sum of $75,000.00, exclusive of interests and costs. Venue is proper in this judicial district
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pursuant to 28 U.S.C. § 1391 the relevant events or omissions giving rise to the current claim

arose in Puerto Rico. This is a maritime cause of action under Federal Civil Rule 9(h).

II. IDENTIFICATION OF PLAINTIFFS

2. At all times herein relevant plaintiff, Pedro Rosa Nales, is a citizen of the

Commonwealth of Puerto Rico, with residence, intention to live and domicile in Guaynabo,

Puerto Rico.

III. IDENTIFICATION OF DEFENDANTS

3. Co-defendant, Carnival Corporation d/b/a Carnival Cruise Lines, is a Florida

corporation, doing business in the State of Florida and with principal place of business in the

State of Florida; which is at the time this Complaint is filed. In the alternative Carnival

Corporation d/b/a Carnival Cruise Lines is a Panamanian corporation doing business in the State

of Florida, with base of operations and principal place of business in the State of Florida; which

is at the time this Complaint is filed.

4. Co-defendant, Carnival Cruise Lines, Inc. d/b/a Carnival Cruise Lines, is a

Florida corporation, doing business in the State of Florida and with principal place of business in

the State of Florida; which is at the time this Complaint is filed. In the alternative Carnival

Cruise Lines, Inc. d/b/a Carnival Cruise Lines, is a Panamanian corporation doing business in the

State of Florida, with base of operations and principal place of business in the State of Florida;

which is at the time this Complaint is filed.

5. X, Y, and Z Insurance Companies are the fictitious names of the insurance’s

companies whose places of business are in a state or territory other than the Commonwealth of

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Puerto Rico. They had at all relevant times an insurance’s policy to cover the damages alleged in

the Complaint. They are designated with these names because their true identities are not known

at the present time.

6. John and Mark Doe are citizens of the United States but residents of a state or

territory other than the Commonwealth of Puerto Rico. They are designated with these names

because their true identities are not known at the present time.

7. Joe and Clark Doe are corporations organized under the laws and with their

principal place of business in a state or territory other than the Commonwealth of Puerto Rico.

They are designated with these names because their true identities are not known at the present.

IV. THE OCCURRENCE

8. Plaintiff Pedro Rosa Nales found out for the first time that the codefendants

Carnival Corporation d/b/a Carnival Cruise Lines and/or Carnival Cruise Lines, Inc. d/b/a

Carnival Cruise Lines were using his name, image and/or the resemblance to his image for

commercial and/or lucrative purposes, and that he had a possible case against the

defendants on or about October 2010.

9. Pedro Rosa Nales is a distinguished and recognized journalist and anchor man of

one of Puerto Rico’s prime television news program (Local Channel 4, WAPA TV, WAPA

América). He has worked on this television news program for the last 30 year.

10. The television news program for which Pedro Rosa Nales is an anchor man is

transmitted locally in Puerto Rico and throughout all the United States, Latin America, and other

parts of the world; the news program is transmitted worldwide through the internet.

11. Plaintiff Pedro Rosa Nales is a public figure, has appeared in multiple local,

national, and international television commercials, advertisements, ads, posters, public

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campaigns, has been the image of commercial products, has been the spokesman of important

public events, has participated in parades in the United States and others. Pedro Rosa Nales is

considered an “iconic figure” locally and internationally.

12. Plaintiff Pedro Rosa Nales makes his living from his own image.

13. Codefendants Carnival Corporation d/b/a Carnival Cruise Lines and/or Carnival

Cruise Lines, Inc. d/b/a Carnival Cruise Lines, have sent and continue to send promotions using

Pedro Rosa Nales image printed in brochures, flyers, promotional material, advertising material,

which have been distributed to individuals by means of direct contact, mail, travel agencies,

emails, promotional booths and displays, and by others means, in Puerto Rico.

14. Codefendants Carnival Corporation d/b/a Carnival Cruise Lines and/or Carnival

Cruise Lines, Inc. d/b/a Carnival Cruise Lines, have also sent and continue to send promotions

using Pedro Rosa Nales image printed in brochures, flyers, promotional material, advertising

material, which have been distributed to individuals by means of direct contact, mail, travel

agencies, emails, promotional booths and displays, and others means in the United States and

other Countries.

15. Codefendants Carnival Corporation d/b/a Carnival Cruise Lines and/or Carnival

Cruise Lines, Inc. d/b/a Carnival Cruise Lines, have used and continue to use Pedro Rosa Nales’

image in promotional booths, displays and other means inside their cruise ships in order to sell

and/or promote the commerce of their company’s products and services while their cruise ships

dock in Puerto Rico. Pedro Rosa Nales’ image has been used and continues to be used by

codefendants for commercial reasons inside their cruise ships.

16. Codefendants Carnival Corporation d/b/a Carnival Cruise Lines and/or Carnival

Cruise Lines, Inc. d/b/a Carnival Cruise Lines, have used and continue to use Pedro Rosa Nales’

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image in promotional booths, displays and other means inside their cruise ships in order to sell

and/or promote the commerce of their company’s products and services. Pedro Rosa Nales’

image has been used and continues to be used by codefendants for commercial reasons inside

their cruise ships.

17. Plaintiff Pedro Rosa Nales has never authorized and/or gave his consent to the

defendants for the use of his name, image and/or the resemblance to his image for commercial

and/or lucrative purposes. Cofendants Carnival Corporation d/b/a Carnival Cruise Lines and/or

Carnival Cruise Lines, Inc. d/b/a Carnival Cruise Lines, never have obtained Pedro Rosa Nales’

authorization and/or consent to use his name, image and/or the resemblance to his image for

commercial and/or lucrative purposes, as the ones described in the current Complaint.

18. Plaintiff Pedro Rosa Nales has never authorized and/or gave his consent to the

defendants for the use of his iconic and public figure name, image and/or the resemblance to his

image for commercial and/or lucrative purposes. Defendants Carnival Corporation d/b/a

Carnival Cruise Lines and/or Carnival Cruise Lines, Inc. d/b/a Carnival Cruise Lines, never have

obtained Pedro Rosa Nales’ authorization and/or consent to use his iconic and public figure

name, image and/or the resemblance to his image for commercial and/or lucrative purposes, as

the ones described in the current Complaint.

19. The primary and fundamental purpose of the publications of the plaintiff’s image

made by codefendants Carnival Corporation d/b/a Carnival Cruise Lines and/or Carnival Cruise

Lines, Inc. d/b/a Carnival Cruise Lines, as described in this Complaint, was to promote

codefendants’ commercial interests. Codefendant only intent was to promote their products,

services, cruise lines, cruise ships, and other commercial interests.

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20. Codefendants Carnival Corporation d/b/a Carnival Cruise Lines and/or Carnival

Cruise Lines, Inc. d/b/a Carnival Cruise Lines owns, operates, and/or controls the cruise ships

where Pedro Rosa Nales’ image has been and continues to be used for commercial purposes.

21. Codefendants Carnival Corporation d/b/a Carnival Cruise Lines and/or Carnival

Cruise Lines, Inc. d/b/a Carnival Cruise Lines, are liable for violation of Pedro Rosa Nales’ right

to one's own image (derecho a la propia imagen).

22. Plaintiff Pedro Rosa Nales is constantly suffering; he has lost his pride as he feels

his right to his own image has been abused. He feels depressed, used and abused by

codefendants.

23. Pursuant to the Puerto Rico Insurance Code a casualty or liability insurance

carrier is independently liable in a direct action to the plaintiff, for any negligence, fault or

condition insured against, up to the merits of liability of the insurance contract.

V. DAMAGES

24. Codefendants Carnival Corporation d/b/a Carnival Cruise Lines and/or Carnival

Cruise Lines, Inc. d/b/a Carnival Cruise Lines have realized and continue to gain profits and

other economic benefits from the use of plaintiff’s image. Codefendants have advanced their

economic interest by exploiting plaintiff’s image. Plaintiff has lost and continues to lose

economic opportunities in publicity campaigns, television commercials, advertisements, ads,

posters, public campaigns, of being the image of commercial products due to defendants’

violation of plaintiff’s right to one’s own image; and other damages. Plaintiff Pedro Rosa Nales

estimates his damages in ten million dollars ($10,000,000.00). The negligence of the

codefendants was the proximate cause and/or adequate cause of the plaintiff’s damages.

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25. Codefendants have realized and continue to gain profits and other benefits from

the use of plaintiff’s image. Codefendants have advanced their economic interest by exploiting

plaintiff’s image. Millions of people in Puerto Rico, people who visit co-defendants’ cruise

ships in Puerto Rico and other countries, and people throughout the world, have seen co-

defendants’ use of plaintiffs image for commercial purposes as described in this Complaint.

Codefendants have not paid, remunerated or compensated plaintiff for the use of his image for

commercial purposes. Plaintiff claims the damages sustained and economic benefit that he has

not received from the codefendants for the use of his image in promotions, printed image,

brochures, flyers, promotional material, advertising material, which have been distributed to

individuals by means of direct contact, mail, travel agencies, emails, promotional booths and

displays, promotional booths and displays inside their cruise ships and others means. Plaintiff is

entitled to and has the right to be compensated for the use that has been given and continues to

be given to his image. Plaintiff is entitled to and has the right to be compensated for the damages

caused for the violation of his right to one's own image. Plaintiff Pedro Rosa Nales estimates his

damages in twenty million dollars ($20,000,000.00). The negligence of the codefendants was

the proximate cause and/or adequate cause of the plaintiff’s damages.

26. Plaintiff, Pedro Rosa Nales suffered serious mental anguish and moral pain as a

result of the publication of his image made by codefendants Carnival Corporation d/b/a Carnival

Cruise Lines and/or Carnival Cruise Lines, Inc. d/b/a Carnival Cruise Lines. He is constantly

suffering; he has lost his pride as he feels his right to his own image has been abused by the co-

defendants. Plaintiff feels lost; he feels depressed, used and abused by codefendants. He

reasonably estimates this damage in the amount of five million dollars ($5,000,000.00).

VI. NEGLIGENCE

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27. Co-defendants are liable for their acts, omissions, and/or negligence; and also

they are liable for the acts, omissions and/or negligence of their employees and/or agents,

pursuant to Articles 1802 and 1803 of the Civil Code of Puerto Rico, 31 P.R. Laws Ann. §§

5141, 5142. This was the adequate and/or proximate cause of plaintiffs’ damages. Also,

defendants were liable for their own negligence, acts and/or omissions, and for the negligence,

acts and/or omissions of their employees, agents or subcontractors, under the respondent superior

doctrine. The breach of all of the above duties by co-defendants was the adequate and/or

proximate cause for plaintiffs’ damages.

28. Co-defendants had the duty to anticipate the damages suffered by the plaintiffs.

They breach the duty of care to foresee the reasonable consequence caused to the plaintiff. This

duty applies to a reasonable prudent man. Elba A.B.M. vs. U.P.R., 125 D.P.R. 294 (1990). The

breach of all of the above duties by co-defendants was the adequate and/or proximate cause for

plaintiffs’ damages.

29. Defendants were negligent, because their acts and/or omissions were not of a man

of normal or ordinary diligence, of a good family father, and/or of a common or ordinary prudent

man. Gierbolini vs. Employers Fire Ins. Co., 104 D.P.R. 853, 859-861(1976). Defendants’

breach of this duty(ies) is the direct, proximate and/or adequate cause of plaintiffs’ damages.

The breach of all of the above duties by co-defendants was the adequate and/or proximate cause

for plaintiffs’ damages.

30. The Bill of Rights of the Constitution of the Commonwealth of Puerto Rico

expressly protects the fundamental right to privacy (private or family life) and dignity. Article

II, Sections 1 and 8, Constitution of the Commonwealth of Puerto Rico. The Supreme Court of

Puerto Rico has established that every person has the right to control where, when, and how a

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photograph is taken or his image is in anyway reproduced. Bonilla Medina v. Partido Nuevo

Progresista, 140 D.P.R. 294 (1996); Colón v. Romero Barceló, 112 D.P.R. 573 (1982);

Vigoreaux Lorenzana v. Quizno’s Sub, Inc., 2008 T.S.P.R. 38; “…[T]he right to privacy can be

enforced by means of a tort claim (complaint) under Article 1802 of the Puerto Rico Civil Code,

supra, so that the aggravated party may be compensated for the damages caused by the

defendant’s failure to comply with their duty of not intervening the private life of others. Castro

Cotto v. Tiendas Pitusa, Inc., 159 D.P.R. 650, 659 (2003); Vigoreaux Lorenzana v. Quizno’s

Sub, Inc., supra.

31. The unauthorized use of a person's identity to market a product or propose a

commercial transaction is not permissible and gives rise to cause of action for violation of the

right to one's own image, an asset protected by the right to privacy. Roberto Vigoreaux

Lorenzana v. Quizno's Sub, Inc., id.

32. A business has the right to disseminate information about its products but will

incur in extracontractual civil liability if it uses a person's image without his or her consent or

without the presence of any justifying causes. Roberto Vigoreaux Lorenzana v. Quizno's Sub,

Inc., id.

33. Some of the features which distinguish a cause of action derived from violation of

the right to one’s own image from libelous cause of action are: (1) it is not a publication in the

exercise of the freedom of the press, because it is a person or particular entity which promotes

the publication; (2) the cause of action in a tort claim for violation of the right to one’s own

image does not require that the reproduction has any offensive impact, and (3) the truth is not a

defense.

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34. Co-defendants were liable to the plaintiffs for their acts and/or omissions pursuant

to Puerto Rico’s Civil Code, Articles 1802 and 1803.

35. Co-defendants’ acts and/or omissions breach the legal duties stated in this

complaint. Co-defendants’ negligence was the proximate and/or adequate cause of plaintiffs’

damages.

36. Pursuant to the Puerto Rico Insurance Code a casualty or liability insurance

carrier is independently liable in a direct action to the plaintiff, for any negligence, fault or

condition insured against, up to the merits of liability of the insurance contract.

37. Plaintiffs demand a trial by jury.

WHEREFORE, plaintiffs demand that judgment be jointly (joint and severally) entered

against defendants for the amount of $35,000,000.00, plus interest, cost and a reasonable amount

for attorney’s fees and expenses as provided under the law.

I HEREBY CERTIFY: That a true and exact copy of the foregoing document was sent

to the defendants by the process server.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, this 6 day of June, 2011.

s/ Jorge L. González-Burgos
Jorge L. González-Burgos
USDC-PR 223302
LAW AFFAIRS, PSC
Ave. Pino H-23
Villa Turabo
Caguas, PR 00725
Tel.: (787)745-5151
Fax: (787)744-6611
E-mail
jtglaw@gmail.com

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