Kimsaprincess, Inc.; and Kim Kardashian West v. Missguided USA (Finance) Inc., and Missguided Limited, 2:19-cv-01258 (C.D.Cal).
I love when my two passions collide- the law and popular culture. Personally, I do not follow Kim Kardashian on any social media. As a woman, I will empower her and acknowledge that she is living her best life and capitalizing off every moment, but she is simply not my flavor. Mrs. Kardashian-West is always trying to make money moves; selling product ranging from appetite suppressant lollipops to protein shakes. If you follow her on Instagram, you might recall a post where she calls out fast fashion labels in her caption saying, âfast fashion brands...please wait until I wear this in real life before you knock it off?â 2-3 hours later, Missguided posted a picture of a similar looking dress, captioning âThe devil works hard but Missguided works harder.âÂ
You know who works hard? High-powered attorneys with $100,000-$500,000 caps seeking to make their client happy. Kardashian is seeking to be 10 million dollars happier.
Kardashianâs counsel initially filed a complaint asking the court to enjoin the fast fashion label from using her likeness and images on their site/Instagram. Kardashian claims âas a direct and proximate result of Missguidedâs wrongful conduct, [Kardashian] has suffered and will continue to suffer in an amount to be proven at trial, but in no even less than $10 million.âÂ
It has been reported that the brand has received the summons, but has yet to respond or appear in court. Without the response of the defendants, the court is able to enter a default judgement. Default judgement is a type of ruling in court where a party involved in the suit has failed to do a court-ordered action, that failure causing the court to favor for the other party (usually the plaintiffs) by default. But, Missguided is able to appeal this.Â
The federal court did enter default judgement against Missguided. Now, Kardashian must prove she is owed the damages she asked for.Â
This is a very interesting copyright case. I believe that Kardashian should be able to enjoin Missguided for using her likeness without her permission. That is absolutely outrageous and I would sue too. The tricky part will be on the outfits since no one can patent a fabric or style. I am torn. One side of me is so frustrated because designers create masterpieces that can be easily and quickly knocked off without penalty. There really is no way to solve this problem without creating new ones. My other side is excited because this is an incentive for designers to keep challenging themselves to come up with the next greatest piece, simultaneously competing with each other. That sounds a little capitalistic, which makes me cringe a little.Â
I guess we shall see if Missguided complies or appeals.
Also, in my previous fast fashion post, I speculated that Kardashian-West could be in cahoots with these labels. From the articles I read, she denies that she is. She hasnât called out any other labels except Missguided, so maybe other labels are actually paying her?Â
Kim sweetie if youâre reading this, secure that bag by all means...but appetite suppressant pops? Câmon.....
















