KEY POINTS:
SYDNEY - She became famous thanks to six simple words and a bikini.
Now the phrase "I'll see you in court" is keeping Lara Bingle in the headlines as she battles two Australian men's magazines over the use of her image.
The Sydney model, 19, shot to fame
in the Tourism Australia advertising campaign when she donned a bikini and asked television viewers around the world: "Where the bloody hell are you?"
After a torrid year on the Sydney social scene, Bingle reappeared on television recently, clad in a green and gold bikini and cricket pads to promote the current Ashes series.
Now she's in court with Zoo Weekly after it printed several photographs of her in March.
A banner advertisement a week earlier declared: "World Exclusive! Bloody Hell! TV ad girl, Lara Bingle's first ever men's mag shoot."
The words "I'll make you come" appeared in a speech bubble on one of her photographs, while an accompanying press release declared: "Lara Bingle Poses Topless for New Men's Magazine."
But Bingle says she did not pose, topless or exclusively, for the magazine and is suing publisher Emap in the Federal Court for defamation, misleading conduct and breach of copyright.
She claimed the March 27 issue contained seven defamatory imputations, including that she "consented to pose in a g-string bikini" in a world exclusive for a "smutty men's magazine".
Emap took particular offence to Zoo Magazine being labelled as "obscene" and "smutty".
But Justice Richard Edmonds disagreed, today ruling against Emap's motion to strike out, saying while the March 27 copy of the magazine could not reasonably be characterised as "obscene", it could be considered smutty.
Justice Edmonds also agreed an allegation Bingle posed topless for a world exclusive in a men's magazine was capable of defaming her.
Meanwhile, Bingle is also set to battle Ralph magazine for publishing bikini shots of her, taken three years ago when she was 16.
Her agent Priscilla Leighton-Clark told the Daily Telegraph Bingle did not authorise use of her image or co-operate with the magazine.
Ralph associate publisher Peter Holder said "all necessary rights" to the images, which did not include consulting Bingle, were obtained by the magazine.
- NZPA
