WHAT’S BEING CLAIMED:
- Kim Kardashian-West filed a lawsuit against a fast fashion company for using her name and image on their Instagram posts without her permission.
- When Kardashian-West won the case the court ordered Missguided USA to pay almost $2.8 million for damages.
- The reality star initially asked for $10 million from Missguided USA, claiming the company has used her name and likeness to sell “knockoff” dresses.
One should think twice going against a Kardashian, especially if it is Kim Kardashian-West.
The reality TV star just recently won a lawsuit against a fast fashion company, Missguided USA, claiming it has used her name and likeness to sell their products. The judge ordered the company to pay $2.7 million for damages plus another $60,000 for attorney fees.
Initially, Kardashian-West asked for $10 million from the company but was awarded only a 27% sum from her original request, according to Page Six.
Whether Misguided’s Instagram behavior violated trademark law, it was not litigated. Kardashian-West actually won by default. Missguided never responded to the lawsuit filed.
The lawsuit was filed in February this year in an argument that Missguided USA has used her look, brand and likeness to gain profit. The company reportedly used her name and image to sell a dress that looked like hers in the photo she posted on Instagram.
The reality star captioned the post: “Going through old fitting pics & found this gold look that Kanye made for me for my Miami trip last summer (I went w the neon vibes instead) P.S. fast fashion brands, can you please wait until I wear this in real life before you knock it off?”
Missguided uploaded a photo, that was later on deleted, of their own version of the dress tagging Kardashian-West on the caption, “The devil works hard but Missguided works harder. Kim Kardashian, you’ve only got a few days before this drops online.”
The suit included the company’s website and Instagram showing Kardashian-West and her dresses making an impression that the company somehow had collaboration with the star, which was not true at all, causing confusion to consumers.
“Missguided’s use of Plaintiffs’ marks is likely to cause consumers to mistakenly believe that Plaintiffs are associated with Missguided, or that they sponsor or endorse Missguided and its websites,” the lawsuit states.
“And in fact, consumers have already expressed such confusion, suggesting in social media posts and online articles that Plaintiffs must be in a ‘collaboration’ with Missguided.”
Source: Fox News