My fashion sister in law (get it?) Uduak Oduak has a great post on the Kim Kardashian lawsuit against GAP, the parent of Old Navy. Just in case you haven’t heard, Kim is suing GAP for Millions under Rights of Publicity Claims.
What’s is Right of Publicity you ask? Uduak explains:
“In basic English, these are state statutes that say a person, (or) company as in the case here, cannot use your “name, image, voice, signature, photograph, or likeness” for commercial gain without your consent. In California, you can find this statute under California Civil Code § 3344. The California statute applies whether you are alive or dead.
It used to be no one really paid attention to this statute. But now, Hollywood celebrities are using the statute where they would not have prevailed under other typical tort claims.”
“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.”
So what does that mean for the model? Is it her fault she looks like Kim? And is this suit really about the ad or could it be revenge as other news outlets report that the model is allegedly dating Kim’s ex, Reggie Bush?