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 By: Rene Dial

Old Navy getting sued over look alike.

At first thought this sounded crazy.  How can a celebrity sue a company for using a model that just happens to look like the celebrity?  So if you happen to be a model and look like a celebrity are you no longer allowed to work because the public may think you are the celebrity?  Really?  Old Navy is not claiming that she is Kim Kardashian but are they trying to deceive the public.  TMZ.COM has a copy of the actual complaint that was filed on July 20, 2011. 

Lets look at the law the complaint cites.

First, the Lanham Act 15 U.S.C. § 1125(a) “(a) Civil action (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.”

California Code 3344 “(a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.”

After reading through the resume’, I mean complaint, allegation 32 pretty much boils down what this is all about. 

         I watched the “Super Cutie” ad (strictly for research) and I do not see where Old Navy used Kim Kardashian’s name.  However, after reading through various online articles the only place that I read where they actually used her name was in a tweet, to Kim Kardashian herself, that their model looked a lot like Kim Kardashian.  Was the tweet Old Navy’s disclaimer to the public that the model is in fact not Kim Kardashian or was it a bad move admitting they intended the model to look like Kim Kardashian.  Not sure.  However, in a few parts of the commercial you can see the resemblance.  The ad seemed more of a parody than intentionally trying to deceive the public into believing that she is promoting Old Navy.

Read the Lanham Act and California Code 3344 and see what you think.  Kardashian has a pretty good case if she can get discovery or evidence proving that Old Navy intended the model to look like her to deceive the public.  There is an old saying that “imitation is the sincerest form of flattery” unless you are Kim Kardashian.

Click here to watch the video and decide if you are confused.