The erotic fan fiction book "A Gronking to Remember" has led to a lawsuit that author Lacey Noonan would probably rather forget.
The Hollywood Reporter says an Ohio couple are suing Noonan, as well as Amazon, Apple and Barnes & Noble, because they claim a photograph of them was featured on the cover of the self-published book without their permission. The couple argue that Noonan and the three companies are liable for unlawfully using their persona for commercial purposes and for invasion of privacy.
According to the complaint, the photo on the book cover was a "photograph of the Plaintiffs which was taken as part of their engagement journey leading toward their wedding." The plaintiffs are named as John and Jane Roe in the lawsuit; Noonan (which is a pen name) is referred to as Jane Doe.
"A Gronking to Remember" (billed as "Book One in the Rob Gronkowski Erotica Series") tells the story of a married woman who undergoes a sexual awakening after seeing the New England Patriots tight end spike a football during a game. Gronkowski read a passage from the book on a February episode of "Jimmy Kimmel Live."
The Ohio couple were not amused. In the complaint, their lawyer says, "The subject matter of the book, 'A Gronking to Remember,' is less than tasteful and is offensive. ... The book has been shown as a source of ribald humor on The Tonight Show and Jimmy Kimmel Live as well as being displayed and read before the press at media day for the Super Bowl."
The Hollywood Reporter notes that the lawsuit is now in federal court, and Amazon is claiming that it's not technically a publisher of the book. The retailer also says that "Amazon had no knowledge that the cover image was created without Plaintiff's consent" and that, the couple's embarrassment aside, "Plaintiff has suffered no damages."