NEW ORLEANS, June 8 (UPI) -- A Louisiana couple are suing after a picture of Jessica Simpson holding their infant son appeared under a misleading headline on the cover of OK! magazine.
Christopher Hurst, father of an infant of same name, went to a Dillards department store in New Orleans in October 2011, when Simpson was appearing to promote her clothing line. Customers who spent $50 were allowed to meet Simpson and have a picture taken with the pop star.
Hurst's teenage daughter was in line to have her photo taken when a man he didn't know suggested Simpson pose with baby Christopher. At first, Hurst's lawsuit alleges, he declined but a woman in line behind him offered to take a picture with her cellphone and send it to him, so he agreed, The (New Orleans) Times Picayune said.
When Simpson posed with the infant a photographer not previously taking pictures swooped in and began snapping away.
The woman from the line sent Hurst a text message April 16, 2012, alerting him the pictures taken at the department store had wound up on the cover of that day's edition of OK! magazine, under the headline "MY FIRST DAYS AS A NEW MOM!"
The cover features a larger photo of Simpson by herself and a smaller photo with her holding a baby. Hurst alleges that photo is of his son -- not Simpson's child, who wasn't even born when the photo in question was taken.
Hurst's lawsuit, filed in filed in the 24th Judicial District Court in Gretna, says no one ever asked permission to use his son's image, the family's privacy was invaded and emotional distress was inflicted as a result.
It names Simpson, American Media, Inc., owner of OK!, and Getty Images, a subsidiary of which allegedly sold the photo in question. The lawsuit seeks about $75,000 in damages.
Representatives for the defendants couldn't be reached to comment Friday, the newspaper said.