Kim Kardashian Sues Old Navy Over Look-Alike Ads
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Headlines are reading that Kim Kardashian, reality show star and fashion creator/trendsetter, has sued clothing giant Old Navy for infringing on her "brand," proving that nothing gets between her and publicity. According to the Washington Post, Kardashian is suing because of the "Super Cute" series of multimedia ads that featured Melissa Molinaro, stating that the Kim K. look-alike crossed legal boundaries. But does her lawsuit have merit?
In a press release, Kardashian's attorney, Gary Hecker, noted that "celebrities have the exclusive right to control the use of their likeness and identity, and to choose the products endorsed."
"Kim Kardashian is immediately recognizable," Hecker stated, "and is known for her look and style. Her identity and persona are valuable. When her intellectual property rights are violated, she intends to enforce them."
While comedians and pundits will undoubtedly have a good time with the "intellectual property rights" phrasing with regard to Kardashian, in fairness to the popular celebrity, besides filming popular reality shows with members of her family, she also has launched several fashion lines and has a successful modeling career.
Kardashian said, "I've worked hard to support the products I'm personally involved with and that I believe in."
TMZ reported that although an amount has not been disclosed, the "Keeping Up With The Kardashians" star might be looking for an amount up to $20 million.
Gap Inc., which is the parent company of Old Navy, has as yet to comment on the lawsuit.
But where does the suit stand legally?
According to The Hollywood Reporter, Kardashian may have plenty of legal precedent to support her case. Jacqueline Onassis once sued and won and injunction against Christian Dior for a likeness in a print ad. Bette Midler won a lawsuit against Ford Motor Company when they used a vocal sound-alike in one of their car commercials. But closer to the matter, "Wheel Of Fortune" star Vanna White claimed partial victory in a lawsuit against Samsung when they used a look-alike in a television commercial.
Proving intent could be a problem. Melissa Molinaro is a known model -- although not quite as famous as Kim K. -- and has also appeared in several ad campaigns, some of which were for companies that Kardashian has endorsed. Hecker says he intends to show proof that Kim Kardashian's rights were violated due to Old Navy misappropriating her image to sell their products. And although Molinaro resembles Kardashian, without documented proof that Old Navy purposely used a Kardashian look-alike to drum up business, the case could be a tough sell.
Oddly enough, it has been reported that Kardashian's ex, NFL football star Reggie Bush, has also dated Molinaro.
If Kardashian wins to the tune of multiple millions, not only will the Molinaro ads probably be suppressed but Old Navy will most likely be forced financially to drag out and re-use those uninspired mannequin ads that ran before -- and after -- Molinaro's series of ads. But at least those ads are lawsuit-safe -- unless Keanu Reeves feels slighted by one of the act-alikes.
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Published by Saul Relative
WVU graduate, with degrees in History, English, Secondary Education, Computer Programming, and Psychology (and nearly a degree in Political Science). Originally from West Virginia, with stints in Virginia,... View profile
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