Kardashian files lawsuit
By Pankaj Ladhar of Manos • Alwine P.L.
Celebrity socialite Kim Kardashian filed a multi-million dollar lawsuit against The Gap, stating that the company used a look-alike and caused confusion in the marketplace and violating her rights to her likeness and name. The Gap is investigating Kardashian’s reputation to see if it has actually been tarnished because it used a dark-haired model in a TV commercial.
Kardashian, a personality who has over 12 million Twitter followers and is popular on E! reality television, is seeking substantial damages in the lawsuit. The Gap’s legal exposure may be limited, though, because the insurer for the advertising agency may indemnify The Gap for any damages.
The plaintiff and the defendant are entering into a discovery process that could take most of the year while both sides look for Kardashian’s true worth and reputation. The Gap will also be requesting financial records showing how much Sears and Bebe earned through deals with Kardashian.
The Gap will also look into why Bebe dropped Kardashian. The New York Times published a review that described the model’s Manhattan store as a fashion desert. It was about that time that Bebe dropped Kardashian, according to sources. In addition to financial records, The Gap’s will also investigate likely Kardashian’s singing and dancing reputation.
The Gap believes it can show that Kardashian’s claims are meritless. It also believes that the look-alike was a small part of the advertising campaign and that profits from that commercial were minimal. The prosecution and the defense both expect Kardashian to be called as a witness. She will undergo examination by both attorneys if she is called as a witness. Other witnesses may include the look-alike and the staff that prepared and casted the commercial.
Source: The Hollywood Reporter, “Kim Kardashian’s Reputation in Dispute as the Gap Responds to Lawsuit,” Jan. 17, 2012