Does Kim Kardashian have a Case v. Old Navy? You be the Judge

October 17th, 2011. By AbiK

Ok folks. The lookalike lawsuit filed by Kim Kardashian against Old Navy (owned by The Gap, Inc.) has not just faded away like rinse on your fave Old Navy Skinny Mini-Flare jeans—Color: Cottonwood, that is. Nope. Now The Gap is bringing in the big guns by hiring attorney Louis Petrich of Leopold, Petrich & Smith. The firm specializes in entertainment and intellectual property law.

So the big question is not what Kardashian will next be touting after her product line launch at Sears and—hush-hush—that failed Kardashian Kard debit card—but whether Old Navy in their classic tongue-in-cheek (and usually humorous) ads stepped over the line by using an attractive brunette to emulate a rather self-absorbed, high-maintenance, reality tv-type actress. Oh wait—I mean to allegedly channel the very likeness of Kim Kardashian to push their product line.

At least two statements in the complaint do confound me a bit:

1. The Infringing Ads are likely to cause confusion, and have caused actual confusion, in the minds of the consuming public as to an association of Kim Kardashian with Defendants’ products and services.

and

2. Defendants have created a likelihood of confusion in the minds of the consuming public as to the source, sponsorship, endorsement, or association of Kim Kardashian with Defendants, and with their goods, services and performances.

Ok, it’s the bit about “confusion”. I don’t watch Keeping Up with the Kardashians. It’s a painful reminder of Bruce Jenner circa 1976 and leads me to ask the unanswerable question “what happened?” Regardless, I don’t have a razor-sharp recollection of what the heck Kim Kardashian looks like. But, I do know that every tabloid I see when I’m checking out at the grocery store does show her in a much less-complimentary light than what Old Navy could possibly have mustered up with these ads (hello hip measurements anyone?).

Not to be catty—but, ok, I am—I’d be quite happy if someone used model Melissa Molinaro to allegedly represent me. My point though, is that there isn’t anyway, anyhow that I’d have “confused” Melissa with Kim. Are they a similar “look” in general? Yes—but I got that it was a spoof…a mockery. It’s a caricature of our times. And doesn’t the First Amendment provide for such artistic interpretation of very public theater?

While I certainly don’t agree that anyone has a right to use a celebrity without his/her express consent in the capacity of an endorsement or otherwise, Old Navy did not either a) use images of Kim Kardashian herself; or b) have her name splattered across the ads as an official endorsement.

We’ll have to see where this nets out—and feel free to chime in with your comments. The ad is shown in the video above—and by now, I presume you already know what Ms. Kardashian looks like.

Tags: intellectual property, Kardashian lookalike lawsuit, Kim Kardashian, Louis Petrich, Old Navy, The Gap

This was posted on Monday, October 17th, 2011 at 11:26 am and is filed under Celebrity, Emerging Issues, Intellectual Property, lawsuits . Feel free to respond, or trackback. Read our comments policy.