Kim Kardashian sued for alleged defamatory comments
Dr. Seigal's Cookie Diet recently filed a defamation lawsuit against Kim Kardashian regarding a tweet posted by her which claimed that the Cookie Diet was unhealthy and that Kardashian does not use the Cookie Diet but rather uses QuickTrim, adding "If Dr. Seigal is lying about me being on his diet, what else are they lying about?" Kardashian's tweets came after Dr. Seigal's Cookie Diet linked to an article which named Kardashian as one of many celebrities that had lost weight from use of the Cookie Diet. Dr. Seigal's Cookie Diet claims that they removed the link after receiving a complaint from Kardashian asking that the company remove the link. The Cookie Diet company claimed that Kardashian failed to state that she was a paid endorser of QuickTrim and the company claims QuickTrim provided her with a commercial motivation to post the allegedly defamatory statements and that her comments are likely to have a negative impact on the company.
TIP: Celebrity endorsers giving opinions about products must have a reasonable basis for claims that they make on behalf of advertisers, as well as disclose any material connections the celebrity may have which could have influenced their giving of the opinion. As such, monitor the social media of your celebrity endorsers, since advertisers can be held liable for the statements of their endorsers (although not an allegation in this case), as well as for their failure to disclose their material connection. Obviously, celebrities also can be personally responsible for their activities in this regard.
Popular related articles
-
A female employee of our company filed a Charge with the EEOC that she has been discriminated against because one of our executives is involved in a relationship with a subordinate female employee.
-
HR professionals will tell you that an exit interview is a valuable tool for learning what a company is and is not doing well; what they may not tell you is that exit interviews are also an important tool for managing the risks of the electronic workplace.
-
Most employers assume that any intellectual property ("IP") created by an employee in connection with the employee's job duties will automatically become the exclusive property of the employer.
-
Last week a federal district court in California granted Cisco Systems, Inc. summary judgment on its Computer Fraud and Abuse Act (“CFAA”) claim against an ex-employee who “on multiple occasions and without authorization, . . . used a Cisco employee’s password to gain access to Cisco’s computer systems and download Cisco’s proprietary and copyrighted software.”
-
Open source software has not historically generated much litigation.
-
The Supreme Court has accepted seven labor and employment-related cases to be heard in the Court's next term, which begins in October 2010.
-
This week, President Obama signed into law the "Dodd-Frank Wall Street Reform and Consumer Protection Act" (the "Act").
-
Two recent decisions by United States federal courts serve as useful reminders to companies and their advisors of the rules regarding disclosure of merger negotiations.
-
Spiderman, James Bond, Wonder Woman, Batman – these iconic heroes remain among the best-known fictional characters of our time, and, as characters, are afforded copyright protection, independent of the works in which they appear.
-
In Wisbey v Lincoln, a city employer lawfully (a) required a depressed emergency services dispatcher to submit to a fitness-for-duty exam and (b) fired her when she failed the exam.
-
Spiderman, James Bond, Wonder Woman, Batman – these iconic heroes remain among the best-known fictional characters of our time, and, as characters, are afforded copyright protection, independent of the works in which they appear.
-
In an opinion issued on June 22, 2010, the EU Data Protection Authorities (Article 29 Working Party) clarified the legal framework applicable to online behavioral advertising - an activity that is becoming a hot topic for discussion as its popularity grows.
-
Toyota sued Farzad and Lisa Tabari for trademark infringement for using the word LEXUS in domain names that advertised their auto brokerage services (buy-a-lexus.com and buyorleaselexus.com).
-
Four years after collecting a hefty legal settlement from Research-In-Motion (RIM), the manufacturer of the BlackBerry wireless email device, NTP Inc. last Friday announced the filing of a lawsuit against six smart phone makers that are accused of infringing NTP patents that relate to the wireless transmission of e-mail messages to cell phones.
-
Like many businesses, your business probably has an eye-catching web site managed by a hosting or IT services company.
-
Reps. Rick Boucher (D-Va.) and Lamar Smith (R-Tex.) introduced federal legislation that would regulate the taxation of goods and services online.
-
The Direct Marketing Association has filed a federal suit challenging the new Colorado law that requires e-commerce sites and other out-of-state retailers to disclose information about state residents’ purchases to the authorities.
-
The Federal Trade Commission testified that while teens are heavy users of the digital environment and may benefit from using the Internet to socialize with peers, learn about issues that interest them, and express themselves, it also can pose unique challenges for them.
-
In February 2010, the High Court in Ryanair Limited v Billigfluege.De GmbH considered the scope of Article 23 of Regulation 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters (the “Regulation”), which allows Member State domiciled parties to agree which courts will have jurisdiction.
-
The interplay between copyright protection and those advocating the unfettered expression and distribution of content continues.
-
A female employee of our company filed a Charge with the EEOC that she has been discriminated against because one of our executives is involved in a relationship with a subordinate female employee.
-
Most employers assume that any intellectual property ("IP") created by an employee in connection with the employee's job duties will automatically become the exclusive property of the employer.
-
Last week a federal district court in California granted Cisco Systems, Inc. summary judgment on its Computer Fraud and Abuse Act (“CFAA”) claim against an ex-employee who “on multiple occasions and without authorization, . . . used a Cisco employee’s password to gain access to Cisco’s computer systems and download Cisco’s proprietary and copyrighted software.”
-
Open source software has not historically generated much litigation.
-
The Supreme Court has accepted seven labor and employment-related cases to be heard in the Court's next term, which begins in October 2010.
-
Two recent decisions by United States federal courts serve as useful reminders to companies and their advisors of the rules regarding disclosure of merger negotiations.
-
Spiderman, James Bond, Wonder Woman, Batman – these iconic heroes remain among the best-known fictional characters of our time, and, as characters, are afforded copyright protection, independent of the works in which they appear.
-
In recently emphasizing the distinct and self-contained nature of the Part 36 regime, the Court of Appeal has made clear that even the most basic principles of contract law cannot be assumed to apply.
-
In Wisbey v Lincoln, a city employer lawfully (a) required a depressed emergency services dispatcher to submit to a fitness-for-duty exam and (b) fired her when she failed the exam.
-
In November 2009, the Federal Court of Australia (in Hine v New South Wales Land and Housing Corporation [2009] FCA 1242) considered whether or not a legal remedy was available for perceived injustices arising from a direction given by the Department of Housing (DOH) to its contractors, in circumstances where losses claimed were pure economic losses arising from dealings in a wholly commercial context.
-
Spiderman, James Bond, Wonder Woman, Batman – these iconic heroes remain among the best-known fictional characters of our time, and, as characters, are afforded copyright protection, independent of the works in which they appear.
-
In an opinion issued on June 22, 2010, the EU Data Protection Authorities (Article 29 Working Party) clarified the legal framework applicable to online behavioral advertising - an activity that is becoming a hot topic for discussion as its popularity grows.
-
The interplay between copyright protection and those advocating the unfettered expression and distribution of content continues.
-
While it's summer in Washington and things should slow down, the discussion of the need for wireless spectrum for broadband, and the related question of whether to reclaim television spectrum for that use, continues unabated.
-
In ACCC v Clarion Marketing Pty Ltd, Clarion was found to have contravened sections 52 and 53 of the Trade Practices Act 1974 (Cth) with regard to its scratch card promotion.
-
To appease critics who have cited concerns about the effects of the proposed $13.75 billion merger of Comcast and NBC Universal (NBCU) on media diversity, Comcast and NBCU unveiled a new set of voluntary commitments in a letter to a House lawmaker that includes the establishment of a $20 million fund to assist minority entrepreneurs in the development of new media content and technology.
-
The huge increase in popularity of social media over recent years has created a wealth of opportunities for businesses.
-
Copyright terminations under sections 203 and 304 have been hot topics in the news and at the courthouse over the past 12 months.
-
On July 14, 2010, the Federal Trade Commission announced two settlements concerning health and weight loss claims for food and dietary supplement products.
-
In between nail-biting matches and vuvuzela noise, the World Cup also saw some legal advertising news.
-
The Supreme Court has accepted seven labor and employment-related cases to be heard in the Court's next term, which begins in October 2010.
-
Comprehensive financial reform legislation known as the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Act”) will significantly alter regulation of the financial industry.
-
On June 29, 2010, a Congressional Conference Committee released the final version of the financial reform legislation now known as the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Act").
-
Toyota sued Farzad and Lisa Tabari for trademark infringement for using the word LEXUS in domain names that advertised their auto brokerage services (buy-a-lexus.com and buyorleaselexus.com).
-
On July 14, 2010, the Securities and Exchange Commission approved the issuance of a longanticipated concept release concerning the U.S. proxy system.
-
The Michigan Supreme Court recently ruled that absent special circumstances, a parental pre-injury waiver is unenforceable under Michigan's common law, because a parent has no authority to bind his or her child by contract.
-
In an infringement suit brought under the Hatch-Waxman Act, the plaintiffs filed a motion for sanctions against the alleged infringer for spoliation of evidence.
-
On May 13, 2010, the US Senate approved the so-called "Durbin Amendment" ("the Amendment") to the financial regulatory reform bill, S 3217, the Restoring American Financial Stability Act, then pending in the Senate.
-
The New York Department of State Games of Chance office ("DOS") has recently denied registration for several sweepstakes where the sweepstakes official rules may not have clearly specified that prizes will be awarded in the event of cancellation.
-
On July 7th, the Ninth Circuit adopted the Third Circuit's test for determining whether a corporate employee holds a joint attorney-client privilege over communications with corporate counsel.
If you are interested in submitting an article to Lexology, please
contact Andrew Teague at ateague@lexology.com.
