Media Personality Kim Kardashian West has won close to $2.8 million from the fast fashion company, Missguided
The content of the lawsuit is that the company used her “persona and trademarks” to sell replicas of her outfits, in part by continually tagging her on Instagram.
The issue of whether Missguided’s Instagram behavior violated trademark law was never actually litigated, though: the company just didn’t respond to her lawsuit, leading to a loss.
In a default judgment last night, a California judge ordered Missguided to pay Kardashian West $2.7 million in damages and $59,600 in attorney fees. She also ordered the company to cease using Kardashian West’s trademarks in connection with the “sale, marketing, or distribution of its products.”
Kardashian West’s original lawsuit made the argument that Missguided profited off of her brand and likeness. The suit included images from Missguided’s website and Instagram that depicted Kardashian West and her outfits. In one example, customers could click on photos of her and be taken to a Missguided page selling a similar look.
“Missguided’s use of Plaintiffs’ marks is likely to cause consumers to mistakenly believe that Plaintiffs are associated with Missguided, or that they sponsor or endorse Missguided and its websites,” the lawsuit states. “And in fact, consumers have already expressed such confusion, suggesting in social media posts and online articles that Plaintiffs must be in a ‘collaboration’ with Missguided.”
It’s unclear why Missguided never responded to Kardashian West’s lawsuit, but it has since deleted an image of her from its Instagram.