Heard of the Kim Kardashian-Old Navy controversy?
Ms. Kardashian is suing Old Navy because it aired an ad in February starring a model who, she claims, looks like her. You can see the ad here.
According to AdWeek, Kardashian is suing because, “Her intellectual property attorney Gary Hecker (says): ‘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.'”
While this is all ripe for comedy fodder, and there are a million jokes out there (my personal favorite was found in the comments of the ad on YouTube: “The next step is suing all women for having boobs.”), I’m going to attempt to discuss this in a serious manner.
Celebrities like Kim Kardashian have a tenuous hold on fame.
She rose to be a recognizable name in large part due to a sex tape. She has a reality show about her family, none of whom (other than her father, a famous attorney), as far as I can tell, have any discernible talent. She’s been a model and I think a movie or two.
The large majority of the demographics that shop at Old Navy and watch “Keeping Up With The Kardashians” coincide. Attacking a store that millions of Americans depend on for (relatively) cheap clothing for their families is not the best PR or marketing strategy.
This legal move makes her appear self-entitled, greedy, and self-important. In other words, if she wins the lawsuit, she may get $15-20 million, but she’ll do some serious damage to the image she’s trying to protect.
In fact, in my opinion, she’s already damaged it in even filing the lawsuit.
Image: Powerhouse Museum Collection via Flickr, Creative Commons
Sometimes, you have to pick your battles.
I find it difficult to see the motivation behind filing the lawsuit. If it was a big deal to her, she should have filed suit immediately after the ad began airing; and, in my admittedly non-legal opinion, her lawyers should have sent Old Navy a “cease & desist” letter. To do this now comes off, it seems to me, as petty, cowardly, and more than a little self-important.
Of course, I imagine the fact that the “look-alike” is dating her ex-boyfriend Reggie Bush has nothing to do with it either.
So, what do you think? Am I way off base here? Can Kim survive the wave of negative sentiment heading her way?
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@MattLaCasse I think your comment about Stern is spot on. Before I got ingrained into American culture (to whatever extent I am now, LOL), I thought he was a complete you-know-what. I can’t stand the show, and I was aghast that people go for that stuff. Then I read “Private Parts,” and then I saw the movie, and I realized he is a very savvy businessman. AND – he’s interesting. He actually did something. What has KK done, really? @RyoatCision
@RyoatCision I have to think it’s pretty difficult for her team to prove Old Navy was intentionally using a look alike and trying to steal Kim’s notoriety without have to pay her. Unless there’s an internal document somewhere stating exactly that…awful tough to prove intent. You’re right in that the proceedings could be a big draw for her show; but I find it difficult to believe that the majority of her fans would sit through legal proceedings.
In any case, I just can’t see this as a positive for her in any way (unless she wins, of course. Then she’s up $15-20 mm). The thing about Stern is that he’s actually interesting. Kim K isn’t interesting to me in any way; I have a hard time thinking she can maintain the kind of celebrity she is now for any appreciable amount of time.
Matt, this is a very interesting situation both because I think Kim Kardashian is an interesting public figure (or, whatever you want to call it) and this is an interesting IP case. Without a JD, I will say that I think they could have a case if they could prove Old Navy was intentionally using her likeness in hopes of deceiving viewers into thinking it a legitimate endorsement. Which you could prove, and which would be an interesting IP case and, if it were some other celebrity, I think the PR damage could be relatively minimal. What is interesting here is that such a frivolous looking lawsuit only reinforces public perception of her, and that could in fact be good or bad. Imagine if they recorded the proceedings on their end for use in the show? Could be a big draw (I’m reminded of the famous idea in Private Parts, the Howard Stern movie: people tune in BECAUSE they hate it). As a fun aside, I’m coming to this post after just having this video suggested me–pretty relevant!: http://www.youtube.com/watch?v=Jz-37–B0SI
@Cision Yep. I just don’t understand. There’s no way she can come out of this looking good. At best, her team doesn’t monitor her image all the time and is 5 months late in realizing something like this was going on. At worst, she’s being ridiculously petty.
@HowieSPM I’d agree that she’s a relative unknown in 5-10 years. The thing is, I don’t think she sees her star fading. I mean, has there anyone that’s ever shot to fame that doesn’t think they’re going to be a celebrity forever? I think this move hastens the end of her “fame”. In any case, I’ll be excited when she’s no longer relevant; but the sad thing is there’ll be someone just like her ready to take her place.
You used her name and the word Intellectual in the same post. Hmmm. So she can now sue all attractive young women with black hair who could possibly have Armenian, Scottish or Dutch backgrounds. The scary thing is that I know so much about her and her siblings, but I have never, ever watched that show. I swear! I’ve seen her interviewed on Conan and Jimmy Kimmel, that’s about it. But somehow she and her kin enter my world, … and yours!
I guess this is a last ditch effort to keep that fame train rolling along. I think it will backfire. Anyway, it’s time for the next person of questionable talent to wow us all :) It’s like the people who get their 15 minutes on reality shows and think we’ll remember who they are. I think Howie’s right, the chances of her still being a known person in this world in 10 years is zero. Or maybe Dr. Drew will come a callin’
@arun4 @tressalynne Thank you for sharing @MattLaCasse post!
“Stupid is as stupid does.” ~ Forrest Gump
I actually think this is a good move Matt. The chances of Kim still being a known person in this world in 10 years is zero. 5 years probably the same. she probably feels this is her last chance to cash in before she is gone. Or maybe she doesn’t think this but she has a smart lawyer who sees his flash in the pan gravy train going away soon.
who is kim kardashian?
Uggh…What a Knucklhead. It’s One Thing to Become Famous for a Sex Tape…It’s Another Thing to Be A Little More Famous fo Hanging Out With What Some People Call the ‘Social Elite’ (Whatever That Means)…And Then It’s Another Thing to Take Oneself Seriously b/c Of Those Things…!
IMO, the Big Issue Lies in the Fact That People Buy Their Products, Watch Their Shows and Leaf Through Magazines b/c Of Some ‘Brain Candy’ News / Pics Inside…It Gets to the Point to Where People Actually Believe in Their Own Hype…I’ve Seen this Happen Before With a Few Clients….It Can Be Quite Dangerous – People Lose Control of Themselves When They Begin to See People Glad-Hand Em’ or Stroke Their Ego.
So If You Have Millions of People (Makes Me Shudder) Praising an Emotionally Infantile Person for His / Her Looks, All they See is Honey at Their Door…Can’t Be Bad, Right…?…’People Love Me for Being…Me’…’Wait Now…You Can’t Do That…That’s *My* Thing…You’re Crowding In on *My* Space…!…You Can’t…..Mom….!’
Which Proves That You Can Never Allow for an Ego to Get In the Way of Business Decisions – There’s Nothing But Bad that Comes From That…you End Up Hurting Your Company – Its Longevity, Its Credibility and Its Value. You Come Off As An Emotional Mess and *No One* Wants to Do Business With a Company That Can Fly Off the Handle Like That.
And, By the Way: Just About Any Celebrity Can Find a Look Alike to Cover for Them. Studios Have Been Doing That Since the Beginning…They’re Always Like ‘We Can’t Secure So-and-So…So Let’s Get Someone Like So-and-So.’ Oh, Yes, It Happens All The Time!
Pfft! What a Knucklehead!
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Thanks for Getting Me Going, Matt ;)
Narciso Tovar
Big Noise Communications
narciso
Great post Matt! I agree sometimes you have to pick your battles, and filing a lawsuit this late in the game just makes her look greedy and jealous. I’m a fan of the show, (I know, I know…it’s a guilty pleasure though!) and was starting to warm up to Kim, but this reminded me why she is my least favorite. And like you said, if you want to protect your brand, attacking a store where a majority of your fans shop isn’t the best marketing/PR strategy.