A picture may be worth 1,000 words to some, but for Kim Kardashian West, $10 million might be the more appropriate number, according to a new lawsuit.
The beauty mogul and reality TV star has filed a lawsuit against iHandy Ltd., which is behind the Sweet Cam photo editing app that lets users virtually apply makeup, for the “unauthorized use and fraudulent commercial exploitation of Kim Kardashian West’s photograph and worldwide instantly recognizable celebrity persona,” according to court documents submitted Wednesday at the Los Angeles Superior Court. Kardashian West is demanding $10 million in damages.
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The photo in question is one Kardashian West posted on Instagram on Oct. 31, 2017, to promote new products for her KKW Beauty brand. Court documents state that iHandy “copied, cropped, manipulated and exploited” the photo for advertising material’s for the Sweet Cam app.
The lawsuit states that iHandy manipulated Kardashian West’s photo for an Instagram video that showed the Sweet Cam app altering her image that, therefore engaging in infringement and misappropriation of Kardashian West. Court documents note that Kardashian West did not authorize or give consent to the usage and manipulation of her photo.
In addition to the $10 million in damages, Kardashian West is demanding iHandy disclose how much money was earned through the usage of her photo. She is also demanding that iHandy cannot use her photos or name going further to promote its app.
Kardashian isn’t the first celebrity to have their photos misused by brands and companies. Last month, Ariana Grande sued the newly bankrupt Forever 21 for $10 million after the retailer released an ad campaign that replicated and included photos from music videos from her “Thank U, Next” album.
A court date for Kardashian West’s lawsuit with iHandy has not yet been revealed.
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