Reality TV star Kim Kardashian has filed a $20 million lawsuit against retailer Old Navy and parent company Gap Inc. The Old Navy advertisement, features a pretty brunette lady dancing around a park and supermarket, as you do, and being photographed by paparazzi. The jeans advert has been created to mimic a song video and whilst the actress in the video, Melissa Molinaro, looks similar to Kim Kardashian, she is clearly not Kardashian herself.
Kardashian, who is also frequently snapped by photographers, claims the advert titled “Super C-U-T-E” violates her “right to publicity”. Her concern is that the advert suggests that the TV star endorses the Old Navy brand when she does not. By filing the lawsuit she is fighting to protect the way her image is used commercially. She clearly wants control over how her image is used and why wouldn’t she… but it’s not her in the video and, really, one can see that.
We understand it would be frustrating to see a fake, less polished version of ourselves prancing around in super cheap jeans but if Kardashian wins the case it poses great difficulty for anyone who looks or sounds like a famous person not to mention, writers of fiction and advertising companies.
Back in 2010 Lindsay Lohan tried to sue for the use of her name, Lindsay, for a baby in an advert. Ridiculous! However, in a similar case many years ago Bette Midler successfully sued the advertising firm Young & Rubicam. The agency worked on behalf of the Ford Motor Company creating an advert for their 1989 Sable car and hired Midler “sound alikes” as part of the advert. Ford Motor Co. was exonerated but Midler’s attorney successfully sued Young & Rubicam’s .
In an article for Communications Lawyer magazine Young & Rubicam’s attorney later detailed the reasons why they had not broken any laws. They argued that Midler’s right to publicity was not violated.
The fact that she is suing over someone looking like her being snapped by paparazzi when that’s where the similarities end simply makes one feel that she is just out for the money rather than the cause. There are so many adverts that depict four female friends that are made to look like the Sex and The City characters of best friends Carrie, Samantha, Charlotte and Miranda. They might be promoting health and beauty products or wine but you don’t hear of the book author, screen writers or stars themselves getting too big for their boots claiming everyone is in breach of some daft law. This is a little disappointing and a little too arrogant of the otherwise lovely Kim Kardashian.
Image courtesy of topnewsin.com