Hey Folks! It’s Tuesday and I hope your week is shaping up well. By now you all have probably heard about the lawsuit filed by Kim Kardashian against Gap for Gap’s look alike ads. For long time readers, remember the article I wrote titled “Fashion Law: Who You Calling a Diva? Naomi Campbell to Sue Cadbury Chocolate?” In that case, I introduced you all to the “Right of Publicity” law. In Kim’s law suit, we revisit this legal concept.
Here is what TMZ has as its latest update:
“As TMZ first reported, Kim filed suit against Old Navy because she felt they were trying to intentionally deceive people into thinking she was a spokeswoman for the company by using a girl who looked just like her in their commercials.
But our sources say … the suit was filed because Sears felt the Old Navy commercial compromised its ad campaign for the Kardashian Kollection — an exclusive line of clothing and bedding that launches in about a month and a half.
We’re told Sears execs actually questioned if Kim was part of the Old Navy ads. The company feels the ad creates confusion in the marketplace and that happens to be exactly what Kim needs to prove to win her suit.
Bottom line — Kim doesn’t care about KK wannabes … but she cares a lot about a deal that could be worth hundreds of millions of dollars.”
I won’t go over the analysis again because I already did in the “Fashion Law: Who You Calling a Diva? Naomi Campbell to Sue Cadbury Chocolate?” case and my video below with John Tehranian of ONE, LLP also addresses it. But suffice it to say, Rights of Publicity actions will continue to increase.
Now, what about the model who was actually hired? Is she precluded from getting jobs just because she happens to have a striking resemblance to Kim Kardashian? That’s something Old Navy can raise should it decide to forego settlement to pursue trial. Reported news, however, indicate they allegedly hired the model precisely because she looks like Kim K.
MOTIVE ON KIM KARDASHIAN’S PART
Remember in the Mathew Knowles Lawsuit against Beyonce’s LIVE Nation, I explained motive is also something really good to assess when determining why people do what they do? TMZ cites losing money with a sears deal as the impetus for the suit. But other media outlets report that the model now dates Kim Kardashian’s ex-boyfriend Reggie Bush. Either way, we have a lawsuit on our hands which is most likely going to settle. It would make no sense for GAP to go to trial. Unnecessary costs given the reported facts here. If the facts should vary, then there might be a strong case for going all the way to trial. Otherwise settle and keep it moving.
INTERVIEW: RIGHT OF PUBLICITY, CLEARANCES, TRADEMARK, COPYRIGHT WITH JOHN TEHRANIAN
FASHIONENTLAW blog, authored by Ms. Uduak, was first established in 2010. It is now incorporated, in 2021, as part of the FASHIONENTLAW LAW FIRM blog. The blog is for informational purposes only and provides legal commentary and analysis on the intersection of mainstream America pop culture and the law. It also provides updates on Ms. Uduak’s speaking engagements and press activities. For inquiries on topics covered please email (firstname.lastname@example.org).