Do you think the woman singing in this commercial is Kim Kardashian?
Apparently the likeness is a little too on the nose for the real Kim Kardashian. TMZ is reporting that the reality star is planning to sue Old Navy for using a look-alike to sell their clothes. She could be looking for up to $20 million in damages.
We estimate that Kardashian earned $12 million between May 2010 and May 2011 from her television show, clothing line, perfume and other endorsements. If she really was able to get $20 million from Old Navy, that would push her earnings to a whole other level.
But what are the chances of Kardashian winning such a case?
She wouldn't be the first celebrity to sue an advertiser for using a look-alike. According to The Hollywood Reporter, celebrities such as Jacqueline Kennedy Onassis, Bette Midler and Vanna White have had some luck with similar cases. The Vanna White case, which involved a look-alike robot went all the way to the Ninth Circuit Court of Appeals but didn't result in any kind of "bright-line" ruling that might show when an advertiser has crossed the line and is appropriating someone's image.
According to THR:
Instead, it's a basic lawsuit that we imagine would allege false advertising and the violation of her publicity rights and trademark. What matters most here is whether consumers will be shown to be confused by Old Navy's purported switcheroo, and if so, whether, as the judge in the Midler lawsuit put it, "the defendants...for their own profit in selling their product did appropriate part of her identity" by using a look-alike.
She might have a better chance than when Lindsay Lohan sued E-Trade over a baby named Lindsay who was a "mik-aholic."
But as in that case, this might be more about publicity than justice. The Kardashians need a constant influx of juicy story lines to keep their show, Keeping up with the Kardashians, popular. Once the story line of Kim's fairy tale wedding runs its course, a lawsuit might make for some good drama.
