Hailey Clauson, who is now 16, and her parents are suing for $28 million over the use of the photos - one of which appeared on a t-shirt sold through Urban Outfitters.
"She is posed in a blatantly salacious manner with her legs spread, without a bra, revealing portions of her breasts," the New York Daily News
reported that the lawsuit states.
It adds that because her crotch is the focal point of an image it may violate federal and/or state laws.
In the photo used on t-shirts, which can be seen on the Daily Mail
website, the model is seated backwards on a motorcycle with her legs apart.
According the the lawsuit Clauson's parents knew about the photo shoot, which was for a magazine, but had not given permission for the pictures to be used.
It claims that photographer Jason Lee Parry agreed not to release the photo after Clauson's agent complained.
The New York Post
reported that Perry said Clauson's parents were present when the photo shoot took place and gave him permission to publish images.
He said they ended up on t-shirts and other items after they were stolen from him.
Other photos taken on the same day show the teen with beer, and riding on a motorcycle without a helmet.
The other shops being sued are Blood Is The New Black and Brandy & Melville.
Some people feel the lawsuit is simply an effort to get money, as Clauson posed for photos
wearing clothing that was even more revealing when she was 14.