Default judgment in Kardashian trademark, right of publicity suit

On Behalf of | Jul 9, 2019 | Intellectual Property Litigation |

Kim Kardashian is in the intellectual property news again. We shared information just last week about her controversial choice of the word “kimono” for branding her new line of lingerie.

On July 2, the U.S. District Court for the Central District of California issued a default judgment in favor of Kardashian in her lawsuit against the American branch of Missguided, a British fashion retailer, after it did not file an answer in the case. According to The Fashion Law, Kardashian alleged willful trademark infringement because Missguided has repeatedly used her image and name to sell fashion copied without permission from Kardashian’s designs.

According to The Fashion Law, she also alleged unfair competition and violation of her right of publicity because Missguided used her name and likeness commercially without her consent.

In the default judgment, the judge ordered Missguided to permanently stop violating Kardashian’s trademarks “in connection with the sale, marketing or distribution of its products. The court awarded Kardashian almost $3 million in damages plus almost $60,000 in legal fees.

Newsweek quoted the opinion, “Missguided has repeatedly used Kardashian West’s name and likeness without permission on its social media platforms to promote the sale of its clothing.” The judge also reportedly said that Missguided’s use of photos of her as well as “a page dedicated to Kardashian-inspired look” implies that she was linked to the Missguided brands.

It will be interesting to see if Missguided appeals the judgment.