PUBLISHED BY HEATHER M. MORADO

I am an attorney at Morado Law, PLLC.  I practice in the areas of entertainment and intellectual property law.

Monday
Oct102011

Update in the Kim Kardashian v. Old Navy lawsuit

In July, reality television star Kim Kardashian sued Old Navy alleging that the company falsely implied Kardashian's endorsement by using a celebrity "look-alike" in an Old Navy jeans television commercial. The complaint alleged Kardashian is "well known for her distinctive and consistent look, fashion, and style," and that the Old Navy advertisement was "likely to cause confusion...in the minds of the consuming public as to an association of Kim Kardashian with Defendants' products and services." Kardashian's complaint includes claims for unfair competition under the Lanham Act as well as for violation of California's common law and statutory right of publicity laws.

Old Navy has answered Kardashian's complaint and disputes Kardashian's claim that the advertisement is likely to deceive consumers as to affiliation, sponsorship, or endorsement by Kardashian. Kardashian's most difficult evidentiary burden will be proving likelihood of confusion, which can be demonstrated through testimony of actual confusion or through consumer surveys. Judge for yourself whether the Old Navy advertisment implies a false endorsement:

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