Final answer:
The model can sue Jayne for breach of contract due to Jayne using the model's image without permission, implying a violation of her right of publicity. Copyright infringement might also be applicable if the image used is protected and Jayne did not obtain permission. Trademark infringement and defamation are not directly applicable to this scenario unless there's a brand confusion or damage to the model's reputation, respectively.
Step-by-step explanation:
If Jayne uses a famous model’s image without permission to market a new color of lipstick, the model can sue Jayne for breach of contract. This is predicated on the idea that there is an implied contract or understanding that an individual's likeness cannot be used for commercial purposes without consent. This legal concept is tied to the right of publicity, which gives an individual control over the commercial use of their identity.
However, this scenario may also involve issues of copyright infringement if Jayne uses a work that is copyrighted by the model, like a photograph. Copyright secures legal rights to the creator or owner of original work for its use and distribution. Therefore, the use of the model’s image taken from a copyrighted photo without permission could be infringing upon their copyright.
Trademark infringement is not relevant here as it protects brand identifiers from being used by others in a way that can cause confusion among consumers. Similarly, unless Jayne's representation of the model with the lipstick is false and damaging to the model’s reputation, the model is unlikely to prove a case for defamation.