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Old 07-21-2011, 01:38 PM  
Hammock Parties Hammock Parties is offline
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Kim Kardashian should be on your shit list.
What a dumb bitch.

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

Quote:
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.
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Old 06-28-2013, 03:52 PM   #91
DaneMcCloud DaneMcCloud is offline
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Originally Posted by Detoxing View Post
If you look at this girl's resume, she's been involved with numerous companies, doing numerous projects all based off of her looks, for a very long time now. So why do we assume that Gap hired her simply because she looks similar to Kim? Judging by her resume, she's been looking like Kim, longer than Kim has been looking like Kim. And TBH, she doesn't even look like her that much.

So i guess my question is, where do you draw the line?

Lets say some chick starts modeling, and looks remarkably like Jennifer Aniston. Can jennifer Anniston effectively kill this woman's career simply because she was born that way?

What exactly is her I.P? Her hair? Because millions of women have hair just like that. Her makeup? Ditto to that too.My wife does her makeup just like Kim.

Claiming a "look" seems silly to me and over the line. We're not talking about a movie or music or anything like that. We're talking about the way a persons face looks. That seems overboard to me.
It's called "Celebrity Impersonation". It doesn't matter what this girl's resume may or may not be; it's about hiring a celebrity impersonator to endorse a product. That's I.P. infringement.

It's the same exact reason why you don't see a "Look-A-Like" or George Clooney impersonator in a Mercedes campaign or a Brad Pitt impersonator in a condom or fragrance campaign.

It's an I.P. infringement and it's illegal.

And The GAP knew exactly what they were doing, which is why they settled out of court.
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Old 06-28-2013, 03:53 PM   #92
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Originally Posted by Donger View Post
Wait, "appearance" is considered intellectual property?
If the Gap commercial/ad, or WTF ever we’re talking about, somehow hinted that she is KK then I can see the point. Otherwise this suit will get laughed out of court.
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Old 06-28-2013, 03:55 PM   #93
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Originally Posted by DaneMcCloud View Post
How shocking that you have no respect for intellectual property rights.



The case was settled out of court, so the Gap certainly took some culpability in casting a "Look-a-Like" without permission.
The cluster**** that current IP law and handling of it is costing our economy far more than piracy is.

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Originally Posted by DaneMcCloud View Post
You must be joking.

I understand that most people do not understand the concept of I.P. and have no regard for it whatsoever (as evidence by the billions of illegal downloads of software, music and movies).

But are you actually contending that The Gap innocently hired a Kim Kardashian Look-a-like, sent her to hair and makeup to make look even more like Kardashian, and it was not a coincidence?

Not a chance.

By doing so, they're implying that Kim is a spokesperson for and an endorser of The GAP, but without her permission. That is an I.P. infringement, plain and simple.
You must be joking yourself. Bullshit. Did she trademark or patent her ass? Did the GAP ever state that it was Kim? Then she had no ****ing case. Hell even then they should be able to claim satire and say they were poking fun at her vapid image.

They settled because IP law and courts that handle them is so horrendously ****ing broken that they'd probably spend years dealing with a trial over this and it could set a precedent that could **** them over in the future. Cheaper and easier for them to just throw some money at this wannabe failed pornstar.
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Old 06-28-2013, 03:55 PM   #94
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Quote:
Originally Posted by Donger View Post
Wait, "appearance" is considered intellectual property?
Yes.

As I explained in the previous post, you cannot legally hire a celebrity impersonator to endorse a product. In many cases, you can't hire a celebrity voice impersonator.

Haven't you guys ever heard the disclaimer "Celebrity voices impersonated"?
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Old 06-28-2013, 03:57 PM   #95
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Originally Posted by themanwithnoname View Post
The cluster**** that current IP law and handling of it is costing our economy far more than piracy is.
In what industry to you work and where's your proof? Quite honestly, this might be the dumbest argument against I.P. that I've ever read on the internets.

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Originally Posted by themanwithnoname View Post
You must be joking yourself. Bullshit. Did she trademark or patent her ass? Did the GAP ever state that it was Kim? Then she had no ****ing case. Hell even then they should be able to claim satire and say they were poking fun at her vapid image.
But they didn't claim "satire" and her image was used without her permission.

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Originally Posted by themanwithnoname View Post
They settled because IP law and courts that handle them is so horrendously ****ing broken that they'd probably spend years dealing with a trial over this and it could set a precedent that could **** them over in the future. Cheaper and easier for them to just throw some money at this wannabe failed pornstar.
You are stupid beyond words.

Regardless of your feelings about Kardashian, the same rules apply to everyone.
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Old 06-28-2013, 03:58 PM   #96
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Quote:
Originally Posted by themanwithnoname View Post
The cluster**** that current IP law and handling of it is costing our economy far more than piracy is.



You must be joking yourself. Bullshit. Did she trademark or patent her ass? Did the GAP ever state that it was Kim? Then she had no ****ing case. Hell even then they should be able to claim satire and say they were poking fun at her vapid image.

They settled because IP law and courts that handle them is so horrendously ****ing broken that they'd probably spend years dealing with a trial over this and it could set a precedent that could **** them over in the future. Cheaper and easier for them to just throw some money at this wannabe failed pornstar.
They settled? Article says a suit has been filed but says nothing about a settlement.
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Old 06-28-2013, 03:58 PM   #97
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Originally Posted by DaneMcCloud View Post
You must be joking.

I understand that most people do not understand the concept of I.P. and have no regard for it whatsoever (as evidence by the billions of illegal downloads of software, music and movies).

But are you actually contending that The Gap innocently hired a Kim Kardashian Look-a-like, sent her to hair and makeup to make look even more like Kardashian, and it was not a coincidence?

Not a chance.

By doing so, they're implying that Kim is a spokesperson for and an endorser of The GAP, but without her permission. That is an I.P. infringement, plain and simple.
....

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Old 06-28-2013, 03:58 PM   #98
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Originally Posted by Radar Chief View Post
If the Gap commercial/ad, or WTF ever we’re talking about, somehow hinted that she is KK then I can see the point. Otherwise this suit will get laughed out of court.
Dude, this happened two years ago and was settled in 2012.
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Old 06-28-2013, 03:59 PM   #99
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Originally Posted by Fish View Post
....

?
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Old 06-28-2013, 03:59 PM   #100
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Originally Posted by DaneMcCloud View Post
Yes.

As I explained in the previous post, you cannot legally hire a celebrity impersonator to endorse a product. In many cases, you can't hire a celebrity voice impersonator.

Haven't you guys ever heard the disclaimer "Celebrity voices impersonated"?
Huh. I guess the "intellectual" part was and is throwing me.
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Old 06-28-2013, 03:59 PM   #101
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Originally Posted by Radar Chief View Post
They settled? Article says a suit has been filed but says nothing about a settlement.
In 2012.

And this guy is a complete moron.
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Old 06-28-2013, 04:00 PM   #102
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They settled? Article says a suit has been filed but says nothing about a settlement.
For $20 Million.
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Old 06-28-2013, 04:01 PM   #103
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Huh. I guess the "intellectual" part was and is throwing me. At the physical layer...
As I stated earlier, I.P. is a difficult concept at a glance.
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Old 06-28-2013, 04:02 PM   #104
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In 2012.

And this guy is a complete moron.
Dur, I didn’t even look at the date. Topic posted July 2011.
Now why do I give a shit? Oh wait, don’t. Have a good weekend.
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Old 06-28-2013, 04:02 PM   #105
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It's called "Celebrity Impersonation". It doesn't matter what this girl's resume may or may not be; it's about hiring a celebrity impersonator to endorse a product. That's I.P. infringement.

It's the same exact reason why you don't see a "Look-A-Like" or George Clooney impersonator in a Mercedes campaign or a Brad Pitt impersonator in a condom or fragrance campaign.

It's an I.P. infringement and it's illegal.
So what you're saying is, if you happen to be born with the same features as some celeb, then you are immediately ineligible for any high profile modeling gig.

And is that this girl's schtick? A Celebrity Impersonator? Or is she simply just a model that happened to look like Kim K?

Is she running around trying to be Kim K?

If not, then that's a bullshit law.

Like i said, this isn't movies or music. This is someone's face. They didn't choose to be born that way, and she shouldn't have to take a back seat to some other woman simply because that woman "claimed that face" first.

If you wanna argue I.P rights on stuff like music, movies or anything else that is designed by someone, fine. But a face? Really? That's silly.
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