Kim Kardashian Sues Old Navy For Hiring Actress Who Looks Like Her
from the big-ass-infringement dept
Kim Kardashian doesn't get written about much on Techdirt because she's not relevant in the world of...well, in the world, really. But you may remember her being discussed back when she was upset that some cookie-diet company was featuring news stories suggesting she liked their product on their website. Now we have a story in the LA Times, sent in by John MacMullen, detailing her new lawsuit against Old Navy for infringing on her publicity rights...or something.
We've been hearing more about these publicity rights being tossed around lately, but that doesn't mean they're new. Fortunately for us, at least these types of cases tend to be entertaining in their ridiculousness. Perhaps you've heard the case involving Vanna White and the company that got sued for having a blonde-haired robot that dared to turn letters? Or the one where Johnny Carson sued Here's Johnny Portable Toilets Inc. because he used the tagline "the world's most famous commodian" on The Tonight Show? Well, I don't know if Kim can top that, but let's take a look.
Apparently Old Navy hired an actress that looks like Kim and featured her in a television ad campaign. If you're waiting for a follow up including some kind of long list of Kardashian-related things the actress did in the video or some kind of hinting that Old Navy themselves did to suggest something related to Kim, there isn't any. She just looks like Kim Kardashian, which apparently is enough to sue over. You can see the commercial for yourself below (make sure you have a barf bag handy):
So I have a couple of questions.
First: How does just hiring someone that looks like someone else require a lawsuit? At no point when I braved my way through watching the commercial did I think to myself, "Oh, that's totally something Kim Kardashian would have done". I mean, if the commercial showed the actress, oh I don't know, waving the Armenian flag, that would've been one thing. And perhaps if the commercial showed her videotaping herself being nailed by a mildly talented R&B singer, I would have inferred the reference. But the casting call for the commercial didn't even call for a Kim look-a-like! The actress, Melissa Molinaro, told E! Online that her casting call had been "for a true dance pop superstar."
Second: At what point does this work the other way around? Molinaro said in relation to this story:
"Thank God I booked this commercial because I've gotten so much airtime."
What if, as a result of this thing, she becomes famous? Like, really famous? Say, more famous than Kim Kardashian? Does that mean Kim can't ever do an ad campaign again, because Molinaro will immediately file suit?
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Filed Under: kim kardashian, melissa molinaro, publicity rights
Companies: old navy
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I genuinely have no idea.
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And of course this actress should never be able to work ever again, unless she has plastic surgery to stop looking like Kim Kardashian!
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if your born rich you are generally not famous unless you accomplish something that brings you fame, or you can be slutty and then have to accomplish nothing and will probably be more famous than you would be by actually doing something important.
Clause 1: your sluttiness requires proof, usually best accomplished by banging a b-list celebrity and having the tape "leak"
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However, I did give up the lazies for once, and googled her.
She's nobody I have any interest in and I apparently haven't ever even heard of her "reality" shows.
I can't really see why this case even exists. She's afraid of what? That someone else looks like her and is getting paid as an actress?
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No, you stop looking like me!
No, you!
No, YOU!
***
That's how I imagine the court hearing will go.
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But but...
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Epic stupidity from Melissa. Er, Kim.
And yes, Husler, I prefer Melissa =))
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Re: Re: But but...Both are hot
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I've had extraordinary face recognition abilities for most of my life. My wife does NOT. We'll be watching a show and she'll say, "Is that the woman from...?" to which I immediately reply (her not having said the name of the show or the name of the person), "NO. That is not her and they look nothing alike." The sad part is that I usually know who she was talking about and also know that the person is a different actor.
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It was an accident
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However, having seen the commercial, the similarities are totally obvious. Kim Kardashian sucks and so does this commercial.
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The REAL reasons for the lawsuit
2. And if the screen presence is any indication,
there's a real human being there, not just a
hollow attention-whoring shell.
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I can tell the difference
Melissa doesn't have a butt the size of Montana.
Melissa doesn't have thighs like old growth in the Redwood forest.
Melissa uses only one bodily orifice publicly and that is for vocalizations.
Melissa appears to have more that 3 functioning brains cells
Melissa appears to have actual talent.
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Re: I can tell the difference
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Is this now a gossip blog?
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Re: Is this now a gossip blog?
It's already been pointed out to you numerous times that this site also deals with IP-related legal issues (which, last I checked, "publicity rights" falls under)
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Keep up the good work!
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Line up the lawyers.
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me next
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Reverse
That's what I've always wondered about this sort of thing. Why is it that the celebrity is always presumed to have the only publicity rights? How come this model can't turn around right now and sue Kim Kardashian for looking like *her* and being a complete douche, thereby damaging *her* reputation?
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Re: Reverse
Kardashian should indeed have veto power over people's lives if they happen to resemble her. She's not only rich & famous, she's rich and famous for no real reason at all, which makes her the elite of the elite. These people are our decided betters and we have to treat them accordingly.
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Really r u kidding me
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LMAO Really? Kim?
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http://www.fashionfoiegras.com/2010/06/hollywoods-triplets-emily-blunt-katy.html
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Funny
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And I can't wait until Paris Hilton sues her for making a sex tape! She did it first, right? Or was it Pam? Or someone else? There are so many of them floating around out there that someone really should sue...
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This will be an interesting case . . .
And she won.
I have to say, watching the commercial, I could see the Kardashian look. There is definitely homage to the fashion scene and culture scene Kardashian moves in.
Is that enough to give this case legs? I dunno.
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In any case, I think I have a solution: Kim Kardashian used to date Reggie Bush. Now Melissa Molinaro is dating him. I think Reggie Bush should be called in as an expert witness to say whether they are more similar or more different.
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I hope Melissa Molinaro can sue
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Don't forget Wilfred Brimley vs Hardees
Brimley won this suit and the poor guy he sued was basically prohibited from ever making another commercial or public appearance.
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Re: Don't forget Wilfred Brimley vs Hardees
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I's got a lawsuit, you's got a lawsuit, all God's children got a lawsuit
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They both look like spoiled, rich, little bitches.
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Stupidness
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Dummy, should Victorious sue too?
I am a brunett, so can I sue?!?! I want one million dollars for very brunett hair on the actress's hear!!! And three million for every other actor in the comerchial!!! Just kidding.
Kim needs to get a life. Seriously.
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Ok..
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??
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wedding dj auckland
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The Magazine
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I'm not much into name calling, but she is an imbecile, and so is the lawyer who brought this suit on her behaf
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