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Kim Kardashian West posted an image of herself on Instagram. The picture showed that she was wearing a metallic cut out dress and a dead ring. A few hours later Misguided, a fashion retailer and a famous brand of the United Kingdom posted the same picture without her permission. She filed a case of trademark infringement before the U.S. District Court for the Central District of California against the company Misguided.
The case is filed on the basis of trademark infringement and Right of publicity. Right of publicity is a special legal doctrine which provides the right to prevent others from commercially exploiting their names and/or likenesses without permission.
Misguided is a fashion retailer from Manchester, United Kingdom. It runs its business through American wing in the United States. Kim Kardashian West, the famous celebrity alleged that firstly, the fashion retailer Misguided copied the pictures of her Instagram photo without any authority. Secondly, the store used her name and image to gain popularity. The case was filed in February. The fashion retailer failed to respond and defend the suit. Therefore, the Court ordered the American arm of Misguided, a British fashion retailer to pay $ 2,700,000 as a cost for damages and $ 59,600 as attorney fees to Kim Kardashian West.
Right to publicity was also filed by Kim Kardashian West. She alleged that Misguided was in a habit to copy the fashion matters and shared it on its online platforms to get popularity. The activities of the fashion retailer caused her monetary damages. She further stated that the images posted by Misguided will confuse her fans and other customers. The consumers will assume that the celebrity and the fashion retailer are working together.
Kim Kardashian West filed the case to protect her image and the Intellectual Property right of the original fashion designers. Here the designer is her husband Kanye West. The Court ruled in Kardashian-West's favour but Misguided had the chance to appeal against the Court Rulings.