- Kim Kardashian West is suing Missguided and seeking $US10 million in damages, accusing the fast-fashion brand of profiting from replicating an outfit she posted on Instagram.
- “Missguided systematically uses the names and images of Kardashian and other celebrities to advertise and spark interest in its website and clothing,” the complaint reads.
- In addition to a recent Instagram knockoff, the complaint cites other posts and images on Missguided’s website as part of its argument that the brand is unlawfully using the reality star’s name and likeness to sell clothes.
Kim Kardashian West is going after Missguided as the reality star and fashion icon attacks fast-fashion knockoffs.
On Wednesday, Kardashian West and her corporation, Kimsaprincess Inc., filed a lawsuit against Missguided in the US District Court for the Central District of California, alleging that the fast-fashion brand’s “unlawful misappropriation” of Kardashian West’s persona is central to its marketing and sales strategy.
“Like other ‘fast fashion’ companies, Missguided … has become notorious for ‘knocking off’ the clothing worn by celebrities like Kardashian,” the complaint reads.
“But Missguided does not merely replicate the looks of these celebrities as seen on red carpets, in paparazzi photos, and in social media posts,” it continues. “Missguided systematically uses the names and images of Kardashian and other celebrities to advertise and spark interest in its website and clothing.”
The complaint claims that Missguided’s unauthorised use of Kardashian West’s trademarked name and likeness is illegal. Kardashian West is seeking $US10 million in damages.
The lawsuit stems from an incident related to a now deleted Instagram post that Missguided shared earlier in February. Hours after Kardashian West posted a photo of herself in a golden outfit, Missguided posted a photo of an outfit that appeared to be a direct knockoff of the look.
“The devil works hard but Missguided works harder,” Missguided wrote in that post.
In the court filing, Kardashian West says that her image or name has been used a number of other times by Missguided in social-media posts and on its site without her permission.
The complaint cites a section of the site called “Crushin’ on Kim K.,” which features an option to “Shop Kim K.” As of Friday, clicking the “Shop Kim K.” button directs shoppers to a page with the message “sorry, we can’t find the page you’re looking for.”
The complaint lists instances in which Kardashian West’s photos have been featured on Missguided’s Instagram page, including a meme that includes a photo of Kardashian West and her husband, Kanye West.
A recent conspiracy theory that Kardashian West is in cahoots with Missguided and other fast-fashion brands is also mentioned in the complaint.
“Missguided has so systematically misappropriated Kardashian’s name and likeness that the consuming public is likely to and has come to the mistaken conclusion that she is affiliated with Missguided and is working hand in hand with the company to create ‘fast fashion’ versions of her clothing,” the complaint states.
While the complaint is centered on Missguided, the conspiracy has linked Kardashian West to other fast-fashion brands as well. Earlier this week, a Fashion Nova knockoff of a vintage gown Kardashian West wore over the weekend sparked questions.
“Missguided shoppers know the score – We’re about the look, without the celeb bucks,” the company said in a statement to Business Insider. “For the record, as much as we love her style, we’re not working with Kim on anything.”
Representatives for Kardashian West did not immediately respond to Business Insider’s request for comment.
Fashion does not have the same level of protection as art, literature, and film, Christiane Campbell, a partner at the Duane Morris law firm, had previously told Business Insider. That allows fast-fashion brands such as Fashion Nova, Zara, and Forever 21 to quickly churn out similar but less expensive items.
However, in this case, it is not a fashion designer who is pursuing legal action. Instead, Kardashian West is citing laws related to her own rights of publicity and the Kim Kardashian West trademark.