The 35-year-old actress accused the drugstore chain of using her likeness illegally after the company tweeted a photo of Katherine carrying one of their bags while filming her new TV show, State of Affairs, in New York City.
And although she brought forth the lawsuit in April, it seems she has had a change of mind, as The Hollywood Reporter claims legal papers to dismiss the case were filed on Tuesday in New York federal court. Apparently the litigation has been been dismissed with prejudice, which means Katherine can’t sue the business again in the future over the same issue.
THR states a dismissal with prejudice often indicates an out-of-court settlement. However, no settlement terms were listed in official documents and a spokesperson for the actress has yet to comment on whether a financial agreement was made between litigants.
Initially Katherine claimed Duane Reade, a subsidiary of Walgreen Co., violated many New York state civil rights statutes that protect people from the unlawful use of likeness for the promotion of trade.
Katherine’s attorney Peter Haviland revealed earlier this year her complaint addressed false advertising and a “misappropriation” of her celebrity. He added at the time that his client intended to donate any proceeds awarded to her by Duane Reade through the lawsuit to charity.
“Pursuant to her instruction, any monies recovered will go to a non-profit foundation that she has worked for years to support," he said in a press release.
The charity is believed to be the Jason Debus Heigl Foundation, established in memory of her brother, who died in a car accident as a teen. The foundation was set up in 2008 and aims to help shelter animals and assist special-needs creatures who have been abused or neglected.
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