As ready on Daily Mail / Mail Online website:
Kim Kardashian is suing Old Navy for commercial featuring Melissa Molinaro who does look like Kardashian. Here are some interesting issues that I can see:
1. Quote from the article: “Kim filed her federal lawsuit against Old Navy in Los Angeles today, asserting that the company are using the double in order to make people believe she is associated with the label.”
– That would be interesting to try to prove since MM is an existing starlet. Her career may be helped along by the fact that she does look like KK (just look at the initials!) but she is a separate person. Since the lawsuit would virtually bar MM from modeling because of her looks then I wounder if MM would have grounds to sue KK for commerce interference? If this does go to court, then I suggest calling Reggie Bush to testify. He has dated KK for three years and is currently dating MM. Perhaps he could specify whether they’re more different or alike.
2. Quote from the article: “A statement from Kim’s representation reads: ‘Old Navy launched a multimedia advertising campaign featuring television and online ads that misappropriate Kardashian’s likeness in the form of a celebrity look-alike, and styled the infringing ads to evoke Kardashian’s identity and persona.’ ”
– Actually the ad isn’t an infringing one since the ad agence did not copy someone else’s advertisement. What is infringing, are apparently Miss Molinaro’s looks. And I doubt KK can claim a copyright on her looks. That would belong to her plastic surgeon and/or god almighty.
3. Quote from the article: ” ‘Kim Kardashian is immediately recognisable, 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,’ her lawyer [intellectual property attorney Gary Heckler] added. ”
– Since when the mannerisms and looks are intellectual property? Again, the only ones of the claim here are the potential deities and MD’s.
All in all, a ridiculous lawsuit though not nearly is insane as White v Samsung or Lohan v eTrade…