Kim Kardashian Sues Old Navy For Hiring Actress Who Looks Like Her

from the big-ass-infringement dept

Fri, Jul 22nd 2011 8:38am — Timothy Geigner

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

104 Comments

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Anonymous Coward, 22 Jul 2011 @ 8:45am

I could google it, but I'm lazy, who the heck is Kim Kardashian?

I genuinely have no idea.
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crade (profile), 22 Jul 2011 @ 8:46am

Re:
pretty sure she was on startrek.
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Anonymous Coward, 22 Jul 2011 @ 8:48am

Stop looking like me!

No, you stop looking like me!

No, you!

No, YOU!

***

That's how I imagine the court hearing will go.
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Hulser (profile), 22 Jul 2011 @ 8:51am

But but...
There's at least one big area where Melissa Molinaro does not look like Kim Kardashian. Case dismissed!
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ck, 22 Jul 2011 @ 8:52am

I remember first time i saw this commercial I did assume that it was Kim Kardashian and thought to myself why she would do a goofy commercial like that. Granted you can't trademark a face, but i'm sure old navy was counting on people like me.
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Dark Helmet (profile), 22 Jul 2011 @ 8:52am

Re: Re:
Nah, she's the daughter in a family best known for getting black men off....
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The Incoherent One (profile), 22 Jul 2011 @ 8:52am

Re: Re:
That is an insult to Trekkies everywhere. And we do not need any help in that area.
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Anonymous Coward, 22 Jul 2011 @ 8:52am

Re: Re:
Uh, she's famous for having a sex tape like Paris Hilton and for knowing Paris Hilton who also had a sex tape. I think it just goes to show that if you want to be famous in today's celebrity environment that you should probably have a sex tape. And know Paris Hilton. Sex tape!
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The Incoherent One (profile), 22 Jul 2011 @ 8:53am

Re: Re: Re:
I would say its the only thing that family is famous for.
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Hulser (profile), 22 Jul 2011 @ 8:56am

It was an accident
Also, can the Kardashian sisters also sue Old Navy because Melissa looks too much like them? What about the mother? BTW, I only know Kim has sisters because I tripped on the remote and accidentally switched the channel to E! while one of their shows was on. I swear.
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Anonymous Coward, 22 Jul 2011 @ 8:56am

I don't pay enough attention to anything Kim Kardashian does, other than noting her name (and often picture) get plastered on the news every week or two. I don't even pay enough attention to her likeness to have even noticed any possible similarities to this model.

However, having seen the commercial, the similarities are totally obvious. Kim Kardashian sucks and so does this commercial.
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sehlat (profile), 22 Jul 2011 @ 8:57am

The REAL reasons for the lawsuit
1. Melissa Molinaro is prettier.

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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The eejit (profile), 22 Jul 2011 @ 8:58am

Re:
She's Born Rich. As in,t he American archetype.
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Anonymous Coward, 22 Jul 2011 @ 9:02am

So, what, is that actress not allowed to get a job as an actress now? If I resemble another actor, no one can hire me to act?
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Anonymous Coward, 22 Jul 2011 @ 9:03am

Re:
(btw, I'm not an actor)
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David (profile), 22 Jul 2011 @ 9:04am

Re: But butt...
FTFY: You left out a "t"
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The Incoherent One (profile), 22 Jul 2011 @ 9:05am

More than likely this has something to do with the fact that she (Melissa)has been seen hanging out with Reggie Bush, whom apparently Kim Kardashian was previously dating.
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evilned, 22 Jul 2011 @ 9:06am

I can tell the difference
How can you tell the difference between Melissa Molinaro and Kim whatshername?

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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sehlat (profile), 22 Jul 2011 @ 9:16am

Re: I can tell the difference
And judging by the comment about airtime, she's probably laughing like hell at the biggest boost to her career she's ever seen.
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out_of_the_blue, 22 Jul 2011 @ 9:20am

Is this now a gossip blog?
Between "celebrities" and Mike's fashion mania, there's little "tech".
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The Incoherent One (profile), 22 Jul 2011 @ 9:20am

Re: Re:
Its okay, neither is she.
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David Muir (profile), 22 Jul 2011 @ 9:27am

Re: Re:
From Wikipedia: The Kardashians are an extraterrestrial species in the Star Trek science fiction franchise. Their leader, Robert George Kardashian was a Federation attorney, best known as one of the lawyers for, and a friend of, Lieutenant Commander O. J. Simpson of the Starship Mustaquit. Kim Kardashian is Robert's daughter, a lesser being, butt bigger than most.
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Anonymous Coward, 22 Jul 2011 @ 9:29am

If this suit wins, then any good looking actress can sue all the other good looking actresses, regardless of who they look like.
Line up the lawyers.
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Anonymous Coward, 22 Jul 2011 @ 9:31am

Re: Re: Re:
I refuse to watch the Dark Helmet sex tape under any circumstances.
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Anonymous Coward, 22 Jul 2011 @ 9:31am

Re: Is this now a gossip blog?
Did you forget to take your meds today?

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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DJ (profile), 22 Jul 2011 @ 9:33am

me next
I should sue Ron Weasely because he has red hair and freckles like me......and carrot top too!!
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Anonymous Coward, 22 Jul 2011 @ 9:36am

Re: Is this now a gossip blog?
Oh, I get it! You are the new darryl. I gotta say, you are doing a nice job: same amount of cluelessness and gibberish, but much more efficient (less text, and less typos).

Keep up the good work!
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btr1701, 22 Jul 2011 @ 9:36am

Reverse
> At what point does this work the other way around?

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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Anonymous Coward, 22 Jul 2011 @ 9:37am

Can we find someone else in the world named KK and then get her to make a commercial saying "KK approves of this commercial?"
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Julianne marsello, 22 Jul 2011 @ 9:38am

Really r u kidding me
I just watched the ad and seriously Kim K is only pissed off because this actress is hotter and skinnier than she is and oh wait she can sing better too. Really Kim K needs to really get over HERSELF.
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Anonymous Coward, 22 Jul 2011 @ 9:41am

Re: Re: Re:
http://en.wikipedia.org/wiki/Cardassian
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btr1701, 22 Jul 2011 @ 9:42am

Re: Reverse
I've re-thought my position on this.

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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HothMonster, 22 Jul 2011 @ 9:43am

Re: Re:
born rich and slutty

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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Stellar, 22 Jul 2011 @ 9:45am

LMAO Really? Kim?
Jealousy is a disease and Kim clearly needs to take a sick day. The girl SOMEWHAT looks like her but you can clearly tell it's not. On top of that, you can't sue over someone "resembling" you. And sorry Kim.. you didn't create the wavy curly hair style you always rock so you might want to step aside. I think this just boils down to the fact she is pissed homegirl is dating her ex. Not only does this look narcissistic but it's just plain stupid. Kick rocks Kim!
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Qritiqal (profile), 22 Jul 2011 @ 9:45am

Re: Re: Re: Re:
Sorry, but if Dark Helmet had a sex tape with Paris Hilton or Kim Kardashian (or Melissa Molinaro!!!) -- I'd watch it!
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HothMonster, 22 Jul 2011 @ 9:48am

Re:
why stop there, im sure we could find another kim kardashian. If not change your last name and you can grow one in a couple years
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Liz, 22 Jul 2011 @ 9:48am

Kim shouldn't sue- she looks nothing like her - the old navy actress is way cuter.
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Qritiqal (profile), 22 Jul 2011 @ 9:49am

Re:
I don't see the resemblance between the two at ALL, but I'm funny that way.

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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Howard the Duck, 22 Jul 2011 @ 9:52am

Re: Is this now a gossip blog?
Why are you here?
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CommonSense (profile), 22 Jul 2011 @ 9:58am

Re: The REAL reasons for the lawsuit
You sir, have hit the nail on the head.
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alSeen (profile), 22 Jul 2011 @ 9:59am

Does that mean Zoey Deschanel can sue Katy Perry and Emily Blunt any time they get hired to do something?

http://www.fashionfoiegras.com/2010/06/hollywoods-triplets-emily-blunt-katy.html
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Bill, 22 Jul 2011 @ 10:02am

Funny
The banner at the top of this page when I read it was a Kim Kardashian add for shoedazzle.com
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Ninja (profile), 22 Jul 2011 @ 10:02am

Re: But but...
Both are hot and the lawsuit has made pretty much a mess because ppl are simply mistaking one for the other now. Kim successfully boosted Melissa's exposure so even if Kim wins this absurd lawsuit Melissa has already won much more.

Epic stupidity from Melissa. Er, Kim.

And yes, Husler, I prefer Melissa =))
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CommonSense (profile), 22 Jul 2011 @ 10:03am

Re: me next
You know what, people tell me that I look like Doogie Howser ALL the time... Neil Patrick Harris has a nice big bank account I'm sure, maybe I should look into suing him for looking like me...
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Robert Doyle (profile), 22 Jul 2011 @ 10:04am

I really want the judge to write in big red letters on the suit "FAIL" and sent it back to her and her lawyer.

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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John William Nelson (profile), 22 Jul 2011 @ 10:08am

This will be an interesting case . . .
Vanna White sued over a robot in a commercial who performed a job similar to hers in a spoof of a gameshow similar to wheel of fortune.

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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Rich Fiscus (profile), 22 Jul 2011 @ 10:11am

Right, because casting people never go looking for a particular type that happens to be trendy. Especially for women. Especially for an Old Navy commercial.
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Pickle Monger (profile), 22 Jul 2011 @ 10:19am

First of all, why did she sue Old Navy? Old Bany doesn't look like Kim Kardashian, Melissa Molinaro does. Shouldn't that latter have been sued for infringement?

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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Anonymous Coward, 22 Jul 2011 @ 10:24am

Re: Re: Re: Re: Re:
Dark Helmet and Rick Moranis. I would purchase that.
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ladyserenakitty (profile), 22 Jul 2011 @ 10:30am

How can anyone honestly take this case seriously? A person has limited control over what they look like, much less who else they might look like. Old Navy was going for a certain look and they found someone who met their requirements, it's not like they went out of their way to make the actress look like someone else. This is like some random black guy suing a company whose ad featured a black guy that wasn't him and claiming publicity rights.
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...., 22 Jul 2011 @ 10:48am

I think they just really look alike ...i jus watched the video she made an she looks like a resemblence of kim the whole time but I hardly doubt she woke up an styled herself to look like kim they just have similarities! pretty w dark haired and highcheek bones, tan skin with alot of pretty makeup
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...., 22 Jul 2011 @ 10:48am

I think they just really look alike ...i jus watched the video she made an she looks like a resemblence of kim the whole time but I hardly doubt she woke up an styled herself to look like kim they just have similarities! pretty w dark haired and highcheek bones, tan skin with alot of pretty makeup
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...., 22 Jul 2011 @ 10:48am

I think they just really look alike ...i jus watched the video she made an she looks like a resemblence of kim the whole time but I hardly doubt she woke up an styled herself to look like kim they just have similarities! pretty w dark haired and highcheek bones, tan skin with alot of pretty makeup
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nelsoncruz (profile), 22 Jul 2011 @ 10:57am

Re: Re: Re:
That joke was "stolen" from Bill Maher. :)

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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James, 22 Jul 2011 @ 11:03am

I hope Melissa Molinaro can sue
I hope Melissa Molinaro can sue for defamation she is so much better looking and talented then Kim K
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JS, 22 Jul 2011 @ 11:09am

Re:
She's only famous for being the daughter of one of OJ Simpson's lawyers. That's it. That is her claim to fame. The daughter of a lawyer that defended a killer. Yeah...I don't get it either.
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Gracey (profile), 22 Jul 2011 @ 11:29am

Re:
I'm with you - I don't know who she is either.

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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Dan M., 22 Jul 2011 @ 11:30am

The actress should sue Kim for tortious interference.
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tuscolablue (profile), 22 Jul 2011 @ 11:31am

Re:
She is a wannabe who rode her fathers coattail to sudo fame. She has a huge ass.
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Anonymous Coward, 22 Jul 2011 @ 11:32am

Didn't Bette Midler once sue one of the major auto companies for using a singer who sounded similar to her in their advertising? What was the outcome of that lawsuit?
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egghead (profile), 22 Jul 2011 @ 12:04pm

Re: Re: The REAL reasons for the lawsuit
I'm sorry, I really misread what you wrote and was hoping for the tape to leak.
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Anonymous Coward, 22 Jul 2011 @ 12:18pm

Her ass isn't as big as Kim's
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Chosen Reject (profile), 22 Jul 2011 @ 12:33pm

Re: Re: me next
I think you ought to sue him on grounds of unfair competition, since I'm positive the only reason you haven't become a famous actor is out of fear that he'd sue you for doing so. Unfair competition and mental anguish. He's been such a bully to you all this time.
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Bob P, 22 Jul 2011 @ 12:39pm

Don't forget Wilfred Brimley vs Hardees
Actor Brimley sues Hardee's for $30M (1995)

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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harbingerofdoom (profile), 22 Jul 2011 @ 12:55pm

Re: Re: Re: Re: Re: Re:
you sir, owe me one monitor/keyboar/mouse cleaning due to the coffee deposits i have just placed on them.
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PrometheeFeu (profile), 22 Jul 2011 @ 1:05pm

Re: Re:
I'm pretty sure you meant pseudo fame. Because if she is a registered sudoer on earth, we're pretty much fucked.
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Any Mouse (profile), 22 Jul 2011 @ 1:08pm

Re: Re:
To be fair, there are a LOT of lawyers who defend killers. Don't look down on defense attorneys just because they defend the bad guy. Hell, prosecutors don't have that great a track record, themselves.
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PrometheeFeu (profile), 22 Jul 2011 @ 1:12pm

I'm suing them. They are using my likeness in so many ways. They have 2 eyes, a mouth, 2 hands, 2 feet, 2 legs, a liver, a pancreas etc... The similarities are endless! The biggest difference is that I am much hotter. Also, I'm a guy, but who cares? I just want money.
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tuscolablue (profile), 22 Jul 2011 @ 1:18pm

Re: Re: Re:
You are correct. I'm a Linux Engineer and sudo is a command we use and just used to using it all the time.
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Any Mouse (profile), 22 Jul 2011 @ 1:20pm

Re: Don't forget Wilfred Brimley vs Hardees
Where does it say that he won that one? That's one I'd actually be interested in reading, but the linked article is just stating a suit is ongoing, not that he won.
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Pickle Monger (profile), 22 Jul 2011 @ 1:40pm

I's got a lawsuit, you's got a lawsuit, all God's children got a lawsuit
Here's another thought: since this lawsuit would make it impossible for Melissa Molinaro to do any commercials without the everpresent threat of another lawsuit and would effectually bar her from doing any more advertisement work, she should just counter sue Kim Kardashian for interference with commerce. I'll bet that a threat of a 20-yr sentence would do wonders.
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weneedhelp (profile), 22 Jul 2011 @ 1:43pm

Re: Re: But but...Both are hot
YEah....NO. Ive seen kim up close and you need a chisel & jackhammer to get all of the makeup off. Face down ass up is the only way I would want to see her again.
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JeroenW (profile), 22 Jul 2011 @ 1:46pm

Re:
So glad to read I'm not the only one! Because it's on techdirt and I've never heard of her she's probably considered good looking by some
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Anonymous Coward, 22 Jul 2011 @ 1:52pm

Wait, so if they did hire her because she looks like whoever she is and that's exactly what they were going for the law suit would be reasonable?
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BeeAitch (profile), 22 Jul 2011 @ 2:14pm

They look exactly alike to me:

They both look like spoiled, rich, little bitches.
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Pamela, 22 Jul 2011 @ 2:18pm

Kim is just hating on this girl because she's with Kim's ex and she's much prettier. This does not seem the means for a law suit.
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betty, 22 Jul 2011 @ 2:59pm

this is so dumb why do people with money sue people for more money...kim is being so dumb the girl does not even look like her.The girl is thinner does not have kims butt and kis face is so much prettier and more stronger features..This is dumb
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Kristi, 22 Jul 2011 @ 4:38pm

Re: But but...
That's exactly what I thought! ha
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Josue, 22 Jul 2011 @ 6:11pm

That bitch needs to learn to not have such a sense of entitlement.
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Grooveboy, 22 Jul 2011 @ 6:30pm

Kim Kardashian has down syndrome. She can't help the things she does. Soon she will be competeing in the special olympics. Wish her luck.
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Sarah:), 22 Jul 2011 @ 9:47pm

Stupidness
This is stupid, I was expecting something like this, old navy wins the lawsuit, case closed!
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Ari, 22 Jul 2011 @ 10:57pm

Dummy, should Victorious sue too?
The actress looks more(In my openion) like VicTORIous than Kim. Why dont she sue if having similer looks call for a lawsuit.
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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Hillbilly, 23 Jul 2011 @ 4:02am

Whats next...Kim sues all of the Elephants at the Zoo for having a big Butt like her.
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Hillbilly, 23 Jul 2011 @ 4:04am

Whats next...Kim sues all of the Elephants at the Zoo for having a big Butt like her.
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The Devil's Coachman (profile), 23 Jul 2011 @ 4:13am

Re: Is this now a gossip blog?
You really need to take a break! I know this nice place where they treat people like you all the time. You so obviously need to be treated. Even if your current condition is hereditary, you can still be treated. Maybe not successfully, though.
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Kaleigh (profile), 23 Jul 2011 @ 1:48pm

Re:
LOL! My point exactly! Quick!...let's all go and find our lookalikes and sue them for looking like us period!! *lights leading torch and gets pitchfork*
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Kaleigh (profile), 23 Jul 2011 @ 1:56pm

Ok..
So after actually watching the commercial..I think this is just a case of Kim being jealous that Melissa just has better looks than her. :O
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Anonymous Coward, 23 Jul 2011 @ 2:40pm

What's next is, Kim Kardashian sues God for making a woman who looks like her.
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Anonymous Coward, 23 Jul 2011 @ 2:44pm

Next: Katy Perry and Elmo file a joint lawsuit against Kimberly Kane and Elmer.
[ link to this | view in thread ]
red, 23 Jul 2011 @ 8:05pm

wouldn't she have to be fat to look like Kardashian
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hugh williams, 24 Jul 2011 @ 3:36pm

another crazy law suit
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Aerilus, 24 Jul 2011 @ 6:29pm

Re: Re: Re:
Wikipedia meets hitchhikers guide to the galaxy
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pommy, 9 Aug 2011 @ 8:25am

Yanks dumb as fuck, who gives a shit about a publicity seeking whore
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Anonymous Coward, 16 Aug 2011 @ 10:18am

Re: The REAL reasons for the lawsuit
Melissa Molinaro is NOT prettier..
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Nadjuset, 28 Oct 2011 @ 2:41pm

??
If ANYTHING she reminds me of Eva Longoria..
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wedding dj auckland, 6 Dec 2011 @ 5:03am

wedding dj auckland
Wow, I like your video very much.......
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Anonymous Coward, 11 Jan 2012 @ 9:22am

First of all, I think that The pretty model in old Navy is alo thinner and has a better modeling body than Kim. Kim is such a hater!! Can you let someone else make some money!!!!
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Anonymous Coward, 18 Jan 2012 @ 1:57pm

I can completely tell the difference, Kim just wants more money.
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Kathryn Cruz, 5 Feb 2012 @ 10:51pm

The Magazine
I don't think it was Old Navy purposefully trying to use a look alike, but I do think it was the magazine that brought that up. It is just her being sue happy and looking for attention. It is part of her character. She also broadcast her character on TV anyone can see that and her intentions.
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Anonymous Coward, 31 Aug 2012 @ 4:36am

Re: Re: Re: Re: Re: Re: Re:
yeah, coffee, i'm sure that's what you deposited on the screen when you read about a comment about a dark helmet and rick moranis sex tape
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Candy pink, 2 Sep 2012 @ 12:52pm

The media should replace kim with this better looking girl called Melissa Molinaro who actually has talent and works hard unlike Kim K.
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Candy pink, 2 Sep 2012 @ 12:52pm

The media should replace kim with this better looking girl called Melissa Molinaro who actually has talent and works hard unlike Kim K.
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Linnet Doe, 12 Jul 2016 @ 11:34am

So in KK's world anyone who bears a superficial resemblance to a celebrity is forever banned from working in the industry.

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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