More than a year after Kim Kardashian sued Old Navy LLC for its use of a look-alike in in its “Super C-U-T-E” campaign (see our earlier post here), reports suggest Kanye’s leading lady has settled with the brand for the old celebrity favourite – an ‘undisclosed sum’.
Just in case a Kardashian lawsuit that doesn’t involve Kris Humpries hasn’t remained top of mind, here’s a refresher. Old Navy released its “Super C-U-T-E” ad via Facebook and YouTube in February last year. The ad featured Melissa Molinaro (an actor with an uncanny resemblance to Ms Kardashian), dancing, singing, getting a mani-pedi and going to the supermarket. Gripping stuff. Old Navy also engaged in a number of cheeky marketing moves, tweeting reports that their Super C-U-T-E star looked like Kim, running a ‘Look Alike Day’ competition and launching an Old Navy Booty Appreciation Patrol.
Kim sued on the basis that the clothing retailer had violated her publicity rights and violated the United States’ Lanham Act, by engaging in commercial activity that was likely to confuse or mislead consumers into believing that she had endorsed, sponsored or otherwise approved of their products, when she had not, in violation of 15 U.S.C. § 1125(a). She sought an injunction and allegedly around $20 million in damages. This definitely could’ve gone some way to repairing the tears she shed over temporarily losing a $75,000 earring in the ocean just off Bora-Bora (sniff).
On 23 August 2012, lawyers for Ms Kardashian filed a notice of settlement with the Californian district registry of the United States Federal Court. Both sides are reportedly happy with the settlement, although the exact terms of the deal are undisclosed. For the Kardashian camp, it’s likely to be well-worth the $350 complaint filing fee! The offending video appears to have been removed from Old Navy’s YouTube account.