Kim Kardashian should be on your shit list.

[Hammock Parties]

What a dumb bitch.

http://news-briefs.ew.com/2011/07/21...sues-old-navy/

Kim Kardashian has filed a lawsuit against Old Navy for using a look-alike in a series of ads this past February, reports The Washington Post. Kardashian, who does not have a deal with the national brand, hopes to recover as much as $20 million from the Gap Inc. brand for using Melissa Molinaro as her stand-in, says TMZ. Kardashian issued a statement, saying, “I’ve worked hard to support the products I’m personally involved with and that I believe in.”

UPDATE: In a statement released by Kardashian’s spokesperson, her attorney Gary Hecker affirmed his clients’ right to lodge this suit, saying, “Kim Kardashian is immediately recognizable, and is known for her look and style. Her identity and persona are valuable. When her intellectual property rights are violated, she intends to enforce them.” A spokesperson for Gap Inc. offered “No comment.” Molinaro’s spokesperson has not yet responded to requests for comment.

Girl:

[ToxSocks]

Hrmmm....

Since Melissa has an established career, if Gap had used Melissa's images and noted her name on the add, could they still be sued?

[Garcia Bronco]

Originally Posted by Detoxing

Hrmmm....

Since Melissa has an established career, if Gap had used Melissa's images and noted her name on the add, could they still be sued?

probably. The actually settled out of court on this for an undisclosed amount.

[DaneMcCloud]

Originally Posted by Detoxing

I understand what you're saying just fine, i just think it's an incredibly fine line to walk. How do we determine now whether or not a woman was hired because people think she looks like (X) actress, or if she was hired because she was the right face for the job?

We're putting I.P rights on faces now.....seems so finicky.

Look at this Girl:



She looks like Kim because of her Hair (which is a style that was introduced by Farrah Fawcett?) her eyeliner (Thick eyeliner is so commonly used by women, like i said, my wife does her eyes the same way) and her god given skin tone.

Just seems crazy to think that the company who produced this video can be sued for basically those three reasons.

I think you're missing the point.

I haven't watched the video. But if this person was hired to endorse a product and her image was taken directly from a well-known celebrity, the company would be sued. That's illegal.

It's just like with music: The GAP can't use a Led Zeppelin song (or any song, for that matter) in a commercial without a license and a license fee. Corporations just can't run rabid and use anything they'd like to promote their products without first obtaining a license to do so.

It doesn't matter if it's a songwriter or a musician or a band or in this case, a celebrity, these intellectual properties are protected by laws.

[ToxSocks]

Originally Posted by DaneMcCloud

I think you're missing the point.

I haven't watched the video. But if this person was hired to endorse a product and her image was taken directly from a well-known celebrity, the company would be sued. That's illegal.

It's just like with music: The GAP can't use a Led Zeppelin song (or any song, for that matter) in a commercial without a license and a license fee. Corporations just can't run rabid and use anything they'd like to promote their products without first obtaining a license to do so.

It doesn't matter if it's a songwriter or a musician or a band or in this case, a celebrity, these intellectual properties are protected by laws.

I understand just fine, and I agree with you that companies shouldn't be using Impersonators to advertise their products.

But in an example like this, where this woman CLEARLY looks like Kim, no matter what style of hair she wore, and already has an established career, how do you know that the company isn't Hiring Melissa....for Melissa?

She may not be as successful as Kim, but she has done a lot of projects. Hence my other post. If Gap had taken Melissa's images and stated that it was Melissa in the adds, would they still get sued?

[Donger]

Originally Posted by Detoxing

I understand just fine, and I agree with you that companies shouldn't be using Impersonators to advertise their products.

But in an example like this, where this woman CLEARLY looks like Kim, no matter what style of hair she wore, and already has an established career, how do you know that the company isn't Hiring Melissa....for Melissa?

She may not be as successful as Kim, but she has done a lot of projects. Hence my other post. If Gap had taken Melissa's images and stated that it was Melissa in the adds, would they still get sued?

I don't think that anyone is saying she doesn't bear a distinct resemblance. What some are saying is that they took that resemblance and intentionally made her look even more like this Kim person. Here:



and

[ToxSocks]

Originally Posted by Garcia Bronco

probably. The actually settled out of court on this for an undisclosed amount.

If that's the case....then how can Melissa continue being....herself?

Simply changing her hair style won't make a difference, as Kim wears all sorts of Hair styles.

Is Melissa now doomed to never be able to endorse a major brand simply because she shares the same facial features as Kim?

If a company uses Melissa to endorse their products and says, "hey, this is Melissa" and can STILL be Sued....well that would kill her career....a career that started well before Kim's cock sucking adventures.

[Fish]

Originally Posted by DaneMcCloud

So, you believe that any corporation should be able to hire celebrity look-a-likes to endorse their products?

Maybe everyone that creates music or film or is an actor, actress or comedian, anyone in the public spotlight, should pack up, quit and allow their image and art to be used without their consent?

Is that what you want?

That's ****ing absurdly STUPID and I thought you were smarter than this.

No, Captain Hyperbole. Very simply, I don't think IP laws should cover celebrity likeness. As long as the Gap wasn't saying "Look here's Kim Kardashian", flashing her name on the screen, when it wasn't Kim Kardashian, I don't see any problem.

[Garcia Bronco]

Originally Posted by Detoxing

If that's the case....then how can Melissa continue being....herself?

Simply changing her hair style won't make a difference, as Kim wears all sorts of Hair styles.

Is Melissa now doomed to never be able to endorse a major brand simply because she shares the same facial features as Kim?

If a company uses Melissa to endorse their products and says, "hey, this is Melissa" and can STILL be Sued....well that would kill her career....a career that started well before Kim's cock sucking adventures.

She needs to be approached first. This was a no win for Old Navy because this is the business of California and business is good. I personally think its dirtball tactics and it shouldn't have even been heard. To me its intellectual property rights run-amuck.

[Garcia Bronco]

Originally Posted by Detoxing

If that's the case....then how can Melissa continue being....herself?

Simply changing her hair style won't make a difference, as Kim wears all sorts of Hair styles.

Is Melissa now doomed to never be able to endorse a major brand simply because she shares the same facial features as Kim?

If a company uses Melissa to endorse their products and says, "hey, this is Melissa" and can STILL be Sued....well that would kill her career....a career that started well before Kim's cock sucking adventures.

Let me be clearer. They can be sued, the probability of winning goes down, though.

[ToxSocks]

Originally Posted by Donger

I don't think that anyone is saying she doesn't bear a distinct resemblance. What some are saying is that they took that resemblance and intentionally made her look even more like this Kim person. Here:



and

Ok, so maybe Gap went overboard with it.

Like i said though, had they made it known that it was Melissa, then maybe they dont get sued.

[GloryDayz]

If I'm on the jury, I'll tell them I need to do a vaginal test to see if the resemblance is indeed true...

[SAUTO]

Originally Posted by Detoxing

If that's the case....then how can Melissa continue being....herself?

Simply changing her hair style won't make a difference, as Kim wears all sorts of Hair styles.

Is Melissa now doomed to never be able to endorse a major brand simply because she shares the same facial features as Kim?

If a company uses Melissa to endorse their products and says, "hey, this is Melissa" and can STILL be Sued....well that would kill her career....a career that started well before Kim's cock sucking adventures.

I would think that if they were clear on who it was they would be ok.
Posted via Mobile Device

[DaneMcCloud]

Originally Posted by Fish

No, Captain Hyperbole. Very simply, I don't think IP laws should cover celebrity likeness. As long as the Gap wasn't saying "Look here's Kim Kardashian", flashing her name on the screen, when it wasn't Kim Kardashian, I don't see any problem.

Thankfully, the laws disagree.

People like Kim Kardashian, despicable as they are to you or me, have created "brands". She's has a popular TV show that appeals to millions worldwide. People pay her handsomely for endorsements because those companies know that what she wears, what she drives and how she's made up, in turn generate millions in revenue for them.

If society were to use your rules, where would the line be drawn? Brad Pitt's a celebrity but a successful producer and actor. Donald Trump is a celebrity but he's also a billionaire developer.

Do you think that Donald Trump would have an issue with his image being used without his permission to sell, say, hair transplants or weight loss drugs?

[DaneMcCloud]

Originally Posted by Detoxing

Ok, so maybe Gap went overboard with it.

Like i said though, had they made it known that it was Melissa, then maybe they dont get sued.

They would have been sued, regardless. There's clear intent for this model to appear as Kim Kardashian.

[GloryDayz]

Kim Kardashian is a useless piece of shit! And this is the only way she'll make coin, so I guess we can expect more.

BTW, the other model is much more awesome because she's NOT Kim Kardashian.