Friday, December 9, 2011

Commercial Appropriation Claim: Kardashian v. Old Navy

We have seen successful commercial appropriation claims by Bette Midler and Vanna WhiteLindsey Lohan's claim deservedly crashed and burned. The latest person suiing to prevent others from trading on her fame is Kim Kardashian.  If you are like me, your first reaction is likely, "Who the heck is Kim Kardashian?"  However, I understand that she is a person well known to our undergraduate students. Yet, even the students are unable to satisfactorily answer my follow-up question, ". . . and why is she famous?"

Judge for yourself.  This is Kim Kardashian:

This is the Old Navy ad:

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