The businesswoman and reality TV star Kim Kardashian is facing a rude wake-up call as her struggle with the company EMAX Suit heads to the courtroom. With an updated complaint filed against her, the future of the KimojiFragrances and KKW Beauty lines are being contested and the world eyes the outcome. From her multi-million-dollar makeup venture to the contentious legal proceedings, here’s what to know about the ongoing saga.
1. Kim Kardashian EMAX Suit Moves Forward as Court Reviews Updated Complaint
Kim Kardashian continues to pursue a $500 million class action lawsuit against EMAX Apparel, an apparel company she alleges falsely used her likeness to market their products.
The case, which was originally filed in February of 2018, was dismissed without prejudice in December 2018. Earlier this week, Kardashian amended the complaint, a legal move that enables her to take it back to court.
Kardashian’s amended complaint claims that EMAX Apparel unlawfully distributed unauthorized reproductions of her name, image, and likeness, and she is seeking more than $300 million in economic and non-economic damages as well as punitive damages.
The amended complaint includes three causes of action – violation of the California Business & Professional Code, violation of the California False Designation of Origins Law & Unfair Competition, and unjust enrichment.
- Violation of the Business and Professional Code: Kardashian claims that EMAX Apparel was well aware of her celebrity status and used it to their advantage when marketing their products without her consent.
- False Designation of Origin Law & Unfair Competition: Kardashian claims that by using her name and likeness, EMAX Apparel was able to increase their sales significantly and gain a competitive advantage over their competitors.
- Unjust Enrichment: Kardasihan claims that EMAX Apparel benefited financially from the use of her name and likeness without her permission.
The court is expected to review the amended complaint and make a ruling in the coming weeks. Kardashian’s previous attempts to have the case thrown out have proven unsuccessful, and it appears that this case is moving forward.
2. Kardashian Family Accused of Deceptive Marketing Practices
The Kardashians have been accused of deceptive and misleading marketing practices across various social media platforms, including Instagram.
The allegations stem from their tendency to post sponsored content without adequately disclosing that the material includes paid ads. Social media platforms such as Instagram have specific rules that state that companies should “clearly and conspicuously” inform its users when a post includes sponsored material.
Critics argue that the Kardashians do not explicitly state whether a post is an advertisement or not. For example, they often simply disclose that the post is “spon” or “sp”, without providing more detailed information. Additionally, they have been accused of not following the guidelines set forth by social media companies, such as not including hashtags to make it clear they are promoting a product.
The allegations span a wide range of celebrity social media accounts, with the Kardashians being one of the most prominent when it comes to sponsored content. The allegations have been met with mixed reactions from the public, with some arguing that companies should be more transparent about their sponsored content, while others point out that it does not necessarily harm anyone.
Regardless of the legal outcome, it is important for companies and public figures to make sure that they are following the relevant guidelines when it comes to sponsored content. It is also essential that consumers stay informed and aware of what they are being offered and presented with on social media.
3. Suit Claims Fans Duped Into Purchasing Empowerment Branded Apparel
A class-action lawsuit against several clothing companies has claimed that consumers were deceived into buying apparel sold as “empowerment branded,” when in reality it was simply generic clothing.
Among those being sued are the sports apparel companies Nike and Reebok, and the organizations Rookie USA and Hollywood Sportswear. The claim alleges that the companies marketed and advertised various items of clothing with slogans such as “Empowered by Choice,” when the clothing actually had no connection to any cause or organization.
When consumers purchased the items, they believed they were supporting a specific organization or cause. However, the claimants allege that the companies were simply trying to capitalize on the idea of empowerment and were not actually donating any proceeds to any causes.
The claimants argue that the companies engaged in deceptive advertising practices and are seeking damages for economic losses, pain and suffering, and costs associated with the lawsuit. In addition, the suit calls for a court order that would require the companies to properly inform consumers of the true nature of their apparel before selling it.
The Complaints Include:
- Misleading advertising
- Deceptive pricing
- Unfair competitive advantage
- Violation of consumer rights
4. Kardashian Legal Representation Denies Wrongdoing, Argues Updated Claim “Ineffectual”
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Denial of Wrongdoing
Kardashian’s legal representative has denied the allegations against the celebrity, stating that the lawsuit “has no merit”. The recent claims are seen as an attempt to pressure Kardashian into settling out-of-court.
UPDATED: Ineffectual Claim
The new allegations, which the Kardashians argue “lack any factual support”, include ineffectual attempts to prove that the celebrity was in breach of contract. The rep argues that, as the contract was updated previously, the original claims are no longer valid. A representative of the Kardashians said “This is nothing more than a frivolous attempt by the plaintiff to justify their original case. We look forward to defending this claim in court.”
Strong Defense
Kardashian’s legal team are not taking the new filing lightly. They have sought to refute the claims that the celebrity was acting inappropriately. The legal team are confident that their high-standard representation will ensure the case is dismissed in due course.
Latest updates
Kardashian remains adamant that the claims are not valid and has thus far refused to settle out-of-court. While both parties prepare for court proceedings, all eyes are on Kardashian’s legal team to see how they will counter the recent updated claims. It is yet to be known whether the defense will refute the allegations or seek to prove them to be ineffectual.
5. Court Set to Decide Fate of Updated Complaint Against Kardashian Brand
The Supreme Court is set to make a decisive ruling over an updated complaint that was launched against Kardashian Brand. This complaint is being reviewed for violating trademark laws as the use of the term “Kardashian” reportedly gave consumers the impression of a false endorsement. If proven, the brand could face punitive administrative action.
The complaint was originally submitted in April 2017 to the International Board of Trade and Commerce. It suggested that actions by the Kardashian-Jenner family falsely implied that their reality television show “Keeping Up With the Kardashians” and other media contexts promoted the business. However, the original complaint was never taken up for procedural reasons.
The updated complaint addresses the need to undertake a few procedural steps to accept evidence that better argues that a false endorsement could have been involved. Specifically, it seeks to provide evidence which includes:
- Social media comments claiming that the brand derived from the Kardashian-Jenner family
- Statements from consumers concerning the impression of a false endorsement
- Media reports that attest to widespread belief in a false endorsement
The Supreme Court will thoroughly review the updated complaint before making a decision to proceed, and then determine if the brand indeed infringed on any trademark laws. A ruling on the matter is expected within the near future.
As the court considers Kim Kardashian Empowerment Initiative’s updated complaint, the legal battle goes on. Regardless of the outcome, the case is sure to be one that future generations will remember for a long time, and as the public waits to see how the court rules, it is important to remember the motivation behind the suit and its implications. Only time will tell how the court handles the case and the level of impact it will have in the world of celebrity sponsored brands.