Kim Kardashian West has received near $2.eight million from the quick style firm Missguided in a lawsuit claiming that the corporate used her “persona and trademarks” to promote replicas of her outfits, partially by regularly tagging her on Instagram.
The problem of whether or not Missguided’s Instagram conduct violated trademark regulation was by no means really litigated, although: the corporate simply didn’t reply to her lawsuit, resulting in a loss. In a default judgment final night time, a California decide ordered Missguided to pay Kardashian West $2.7 million in damages and $59,600 in lawyer charges. She additionally ordered the corporate to stop utilizing Kardashian West’s logos in reference to the “sale, marketing, or distribution of its products.”
Kardashian West’s unique lawsuit made the argument that Missguided profited off of her model and likeness. The go well with included photographs from Missguided’s web site and Instagram that depicted Kardashian West and her outfits. In a single instance, prospects might click on on pictures of her and be taken to a Missguided web page promoting an identical look.
“Missguided’s use of Plaintiffs’ marks is likely to cause consumers to mistakenly believe that Plaintiffs are associated with Missguided, or that they sponsor or endorse Missguided and its websites,” the lawsuit states. “And actually, customers have already expressed such confusion, suggesting in social media posts and on-line articles that Plaintiffs have to be in a ‘collaboration’ with Missguided.”
It’s unclear why Missguided by no means responded to Kardashian West’s lawsuit, nevertheless it has since deleted a picture of her from its Instagram.