19STCV38839

Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Robert Broadbelt

Electronically FILED by Superior Court of California, County of Los Angeles on 10/30/2019 10:47 AM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Barel,Deputy Clerk

1 MARTIN D. SINGER, ESQ. (BAR NO. 78166)

EVAN N. SPIEGEL, ESQ. (BAR NO. 198071)
2 LAVELY & SINGER
PROFESSIONAL CORPORATION
3 2049 Century Park East, Suite 2400
Los Angeles, California 90067-2906
4 Telephone: (310) 556-3501
Facsimile: (310) 556-3615
5
Attorneys for Plaintiff
6 KIM KARDASHIAN WEST

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 FOR THE COUNTY OF LOS ANGELES
10

11 KIM KARDASHIAN WEST, an individual, ) CASE NO.

)
12 Plaintiff, )
)
13 v. ) COMPLAINT FOR
) MISAPPROPRIATION OF COMMON
14 iHANDY LTD., a corporation; LAW RIGHT OF PUBLICITY
TAPLOGIC INC., a Delaware corporation; )
15 DOES 1 through 10, inclusive, )
)
16 Defendants. )
)
17 )
)
18 )
) [JURY TRIAL DEMANDED]
19 )
)
20

21

22
Plaintiff Kim Kardashian West alleges:
23 THE NATURE OF THIS ACTION
24 1. This action is necessitated by defendants’ blatant and calculated misappropriation,
25 unauthorized use and fraudulent commercial exploitation of Kim Kardashian West’s (“KKW”)

26 photograph and world-wide instantly recognizable celebrity persona, to falsely advertise, promote

27 and misappropriate defendant’s selfie beauty photo editor app and pricey subscription services to
the unsuspecting public, and to generally enhance their goodwill and profits.
28

4361-27\Ple\COM 102919 1
COMPLAINT
1 2.
2. KKW does
KKW not use,
does not use, like,
like, nor
nor endorse,
endorse, iHandy
iHandy Ltd’s (“iHandy”) Sweet
Ltd's ("iHandy") Sweet Cam photo
Cam photo
2 editor App
editor App product
product and
and subscription
subscription services
services (the
(the “App”), and iHandy
"App"), and iHandy and
and its
its affiliates
affiliates have
have no
no

3 right or license
right or license to
to commercially
commercially exploit
exploit the
the image or celebrity
image or persona of
celebrity persona of KKW
KKW for
for any
any purpose.
purpose.

4 Notwithstanding the foregoing,

Notwithstanding the foregoing, defendants
defendants engaged in aa blatant
engaged in blatant unlawful
unlawful scheme
scheme of
of infringement
infringement
and misappropriation
and misappropriation of
of KKW's
KKW’s right of publicity
right of publicity by
by using
using her
her photograph,
photograph, image,
image, likeness
likeness and
and
5
celebrity persona
celebrity persona without
without approval
approval for
for their
their own
own pecuniary
pecuniary gain
gain and
and profit,
profit, and
and to
to promote
promote and
and
6
advertise their
advertise their App
App and
and related products and
related products and services.
services.
7
3.
3. iHandy, directly
iHandy, directly and/or
and/or through
through its agents or
its agents or other
other representatives, copied and
representatives, copied and
8
exploited aa popular
exploited popular KKW
KKW photograph
photograph that
that she
she had
had posted
posted and
and featured exclusively on
featured exclusively on her
her own
own
9 official social
official social media
media page
page to
to display
display her
her applied
applied make-up
make-up and
and to
to promote
promote her
her KKW
KKW Beauty
Beauty
10 cosmetics. The
cosmetics. particular photograph
The particular photograph -- posted on
-- posted on October
October 31,
31, 2017
2017 on
on KKW's
KKW’s Instagram feed
Instagram feed
11 with over
with over 148
148 Million
Million followers and viewed
followers and viewed by
by potentially
potentially hundreds
hundreds of
of millions
millions of
of additional
additional

12 Instagram viewers/users --
Instagram viewers/users -- received more than
received more than 2,276,940
2,276,940 likes
likes (the
(the “KKW
"KKW Photograph”).
Photograph"). In
In

13 2019, Defendants
2019, Defendants copied,
copied, cropped,
cropped, manipulated
manipulated and
and exploited
exploited the
the KKW
KKW Photograph and KKW's
Photograph and KKW’s
celebrity persona
celebrity persona in
in product
product exhibition video marketing
exhibition video marketing materials
materials to
to advertise,
advertise, promote
promote and
and sell
sell
14
Defendant’s make-up and
Defendant's make-up and beauty
beauty manipulation
manipulation App
App and
and subscription
subscription services
services (the
(the "App
“App
15
Advertisements”). The
Advertisements"). The App
App Advertisements
Advertisements and
and promotion,
promotion, featuring the KKW
featuring the KKW Photograph, was
Photograph, was
16
linked to defendants'
linked to defendants’ Instagram
Instagram account,
account, and
and displayed
displayed an
an “Install
"Install Now” hyperlink button
Now" hyperlink button to
to its
its
17
product(s) in
product(s) in the
the Apple
Apple App
App store.
store. Defendants published the
Defendants published the product
product exhibition
exhibition video
video and
and
18 interactive marketing
interactive marketing materials
materials in targeted sponsored
in targeted sponsored Instagram advertisements to
Instagram advertisements to hundreds
hundreds of
of
19 millions of
millions of KKW's
KKW’s Instagram
Instagram followers and other
followers and other Instagram
Instagram prospective
prospective selfie
selfie editor app users.
editor app users.
20 4.
4. By using KKW's
By using KKW’s photograph,
photograph, image
image and
and persona
persona in
in the
the App
App Advertisements
Advertisements

21 without consent,
without consent, iHandy,
iHandy, and
and its
its and
and co-conspirators,
co-conspirators, reaped millions of
reaped millions of dollars
dollars worth
worth of
of

22 advertising and
advertising and promotional
promotional services
services from
from KKW
KKW without paying for
without paying for it.
it.
5.
5. iHandy has
iHandy has made
made an
an apparent
apparent business
business of
of misappropriating
misappropriating other
other people's
people’s images
images
23
for self advertising
for self advertising and
and promotional
promotional services
services to
to hock
hock its products, regularly
its products, violating other's
regularly violating other’s
24
intellectual property
intellectual property rights.
rights. This time the
This time the victim
victim of
of the
the iHandy
iHandy Group's
Group’s unlawful
unlawful business
business
25
practices, infringement
practices, infringement and
and misappropriation
misappropriation is
is KKW.
KKW. Even after notice
Even after notice of
of the
the infringement,
infringement,
26
iHandy continued
iHandy continued exploiting
exploiting KKW's
KKW’s image
image and
and persona,
persona, and
and even threatened to
even threatened to go
go after
after KKW
KKW
27 should she
should she advance
advance claims to protect
claims to protect her
her rights.
rights.
28

4361-27\Ple\COM 102919
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2
COMPLAINT
COMPLAINT
1 6.
6. The
The reason for infringement
reason for infringement and
and commercial
commercial misappropriation
misappropriation laws
laws are
are to
to protect
protect
2 against unscrupulous
against unscrupulous companies
companies like
like iHandy.
iHandy. This
This is
is an
an action
action to
to obtain
obtain redress for defendants'
redress for defendants’

3 blatant commercial
blatant commercial misappropriation
misappropriation of
of KKW's
KKW’s right of publicity,
right of publicity, among
among other
other calculated
calculated

4 wrongful and
wrongful and tortious
tortious conduct.
conduct.
FACTS COMMON
FACTS COMMON TO
TO ALL CLAIMS FOR
ALL CLAIMS RELIEF
FOR RELIEF
5
THE PARTIES
THE PARTIES
6
7.
7. Plaintiff KIM KARDASHIAN
Plaintiff KIM KARDASHIAN WEST
WEST ("KKW"
(“KKW” and/or
and/or "Plaintiff')
“Plaintiff”) is,
is, and
and at
at all
all
7
times relevant
times hereto was,
relevant hereto an individual
was, an individual residing
residing in and who
in and who is engaged in
is engaged and doing
in and doing business
business in
in
8
the County
the County of
of Los
Los Angeles,
Angeles, State of California.
State of California. KKW
KKW is
is aa world-wide
world-wide recognized and popular
recognized and popular
9 media and
media and entertainment personality, model,
entertainment personality, model, businesswoman
businesswoman and
and entrepreneur.
entrepreneur.
10 8.
8. Defendant iHANDY, LTD
Defendant iHANDY, (“iHandy”), aa mobile
LTD ("iHandy"), mobile app
app developer,
developer, provider
provider and
and
11 marketer, is,
marketer, is, and
and at
at all
all times
times relevant hereto was,
relevant hereto was, aa corporate
corporate entity
entity believed
believed to
to be
be organized
organized and
and

12 operating under
operating under the
the laws of Hong
laws of Kong, and
Hong Kong, and with
with offices
offices and
and aa presence
presence in
in the
the State
State of
of California
California

13 and who
and who is
is engaged
engaged in
in and
and doing
doing business
business and
and commercial
commercial activities
activities in
in and
and causing
causing aa direct
direct effect
effect
in the
in the County
County of
of Los Angeles, State
Los Angeles, of California.
State of California.
14
9.
9. Defendant TAPLOGIC
Defendant TAPLOGIC INC (“Taplogic), aa mobile
INC ("Taplogic), mobile app
app developer,
developer, provider
provider and
and
15
marketer, is,
marketer, is, and
and at
at all
all times
times relevant hereto was,
relevant hereto was, aa corporation
corporation believed
believed to
to be
be organized
organized and
and
16
operating under
operating under the
the laws
laws of
of the
the State
State of
of Delaware, and with
Delaware, and with aa presence
presence in
in the
the State of California
State of California
17
and who
and who is
is engaged
engaged in
in and
and doing
doing business
business and
and commercial
commercial activities
activities in
in and
and causing
causing aa direct
direct effect
effect
18 in the
in the County
County of
of Los Angeles, State
Los Angeles, of California.
State of California.
19 10.
10. Plaintiff is informed
Plaintiff is informed and
and believes
believes and
and based
based thereon
thereon alleges
alleges that,
that, under
under the
the names
names
20 iHandy Group,
iHandy Group, iHandySoft and iHandy,
iHandySoft and iHandy, defendants
defendants iHandy
iHandy and
and Taplogic each conduct
Taplogic each conduct business
business

21 and hold
and hold themselves
themselves out,
out, interchangeably
interchangeably and
and with
with no
no distinction
distinction amongst
amongst one-another,
one-another, in
in the
the

22 United States, and

United States, and worldwide,
worldwide, and
and as
as and
and doing
doing business
business under
under the
the identical
identical names,
names, website,
website,
social media
social media accounts
accounts and/or
and/or app
app store
store listings.
listings. Plaintiff
Plaintiff is
is informed
informed and
and believes
believes and
and based
based
23
thereon alleges,
thereon alleges, that
that there
there now
now exists,
exists, and
and at
at all
all times
times material
material hereto
hereto has
has existed,
existed, such
such unity
unity of
of
24
ownership, interest
ownership, and control
interest and control between
between iHandy
iHandy and
and Taplogic, and each
Taplogic, and each of
of them,
them, such
such that
that any
any
25
individuality or
individuality or separateness
separateness which
which may
may have
have existed
existed between
between any
any or
or each
each of
of them
them has
has ceased.
ceased.
26
An injustice
An injustice will
will result if the
result if the theoretical
theoretical corporate entity of
corporate entity of iHandy
iHandy and
and Taplogic are not
Taplogic are not
27 disregarded and
disregarded and defendants are held
defendants are held as
as one-and-the-same
one-and-the-same for
for purposes
purposes herein,
herein, and
and liable for the
liable for the
28 conduct and
conduct and indebtedness
indebtedness of
of each
each other.
other.

4361-27\Ple\COM 102919
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COMPLAINT
COMPLAINT
1 11.
11. Defendants DOE 1
Defendants DOE 1 through
through 10
10 ("Doe"
(“Doe” and
and “Does”), inclusive, are,
"Does"), inclusive, are, and
and at
at all
all
2 times relevant
times hereto were
relevant hereto were each,
each, an
an unknown
unknown person
person or
or entity
entity of
of unknown
unknown form
form and
and location, and
location, and

3 who is
who is engaged
engaged in and doing
in and doing business and commercial
business and commercial activities
activities in
in and
and causing
causing aa direct
direct effect
effect in
in

4 the County
the County of
of Los Angeles, State
Los Angeles, State of
of California.
California. Plaintiff is informed
Plaintiff is informed and
and believes
believes and
and based
based
thereon alleges
thereon alleges that
that DOE
DOE 1-10
1-10 is
is an
an agent
agent or
or other
other authorized
authorized representative of Defendants
representative of Defendants
5
iHandy and/or
iHandy and/or Taplogic, and, in
Taplogic, and, in that
that capacity,
capacity, was
was tasked
tasked with and/or otherwise
with and/or otherwise was
was physically
physically
6
responsible
responsible for the creation
for the and/or publication
creation and/or publication of
of the
the App
App Advertisement.
Advertisement.
7
12.
12. Plaintiff
Plaintiff will amend this
will amend this Complaint
Complaint to
to allege
allege the
the true
true names
names and
and capacities
capacities of
of such
such
8
fictitiously named Defendant(s)
fictitiously named Defendant(s) when
when the
the same
same have
have been
been ascertained.
ascertained. Plaintiff
Plaintiff is
is informed and
informed and
9 believe and
believe and based
based thereon
thereon alleges
alleges that
that the
the fictitiously
fictitiously named
named Doe
Doe Defendant(s)
Defendant(s) is
is responsible in
responsible in
10 some manner
some manner for
for the
the occurrences,
occurrences, acts
acts and
and omissions
omissions alleged
alleged herein
herein and
and that
that Plaintiff’s damages
Plaintiff's damages
11 were proximately
were proximately caused
caused by their conduct.
by their Hereinafter all
conduct. Hereinafter all Defendants
Defendants including
including Doe Defendants
Doe Defendants

12 will sometimes
will sometimes be
be referred to collectively
referred to as “Defendants.”
collectively as "Defendants." For convenience, each
For convenience, each reference to aa
reference to

13 named Defendant
named Defendant herein
herein shall
shall also
also refer to the
refer to the Doe 1-10, inclusive,
Doe 1-10, inclusive, Defendants, and each
Defendants, and each of
of
them, as
them, as applicable.
applicable.
14
13.
13. Plaintiff is informed
Plaintiff is informed and
and believes and based
believes and thereon alleges
based thereon alleges that
that at
at all
all material
material
15
times Defendants,
times Defendants, and
and each
each of
of them,
them, were
were the
the agents,
agents, employees,
employees, partners,
partners, joint
joint venturers,
venturers, co-
co-
16
conspirators, owners,
conspirators, owners, principals,
principals, and
and employers of the
employers of the remaining
remaining Defendants, and each
Defendants, and each of
of them,
them,
17
and are,
and are, and
and at
at all
all times
times herein
herein mentioned
mentioned were,
were, acting
acting within the course
within the and scope
course and scope of
of that
that
18 agency, employment,
agency, employment, partnership,
partnership, conspiracy,
conspiracy, ownership
ownership or
or joint
joint venture.
venture. Plaintiff is informed
Plaintiff is informed
19 and believes
and believes and
and based
based thereon
thereon alleges
alleges that
that the
the officers,
officers, directors
directors and/or
and/or managing
managing agents
agents of
of the
the
20 Defendant business entities,
Defendant business entities, authorized,
authorized, directed
directed and/or
and/or ratified the wrongful
ratified the wrongful acts
acts of
of the
the

21 employees and
employees and representatives of said
representatives of said Defendants
Defendants and,
and, consequently,
consequently, all
all of
of said
said Defendants
Defendants are
are

22 jointly and
jointly and severally
severally liable to Plaintiff.
liable to Plaintiff.
BACKGROUND AND NATURE
BACKGROUND NATURE OF THIS A CTION
ACTION
23
PLAINTIFF KKW
PLAINTIFF KKW
24
14.
14. Kim Kardashian
Kim Kardashian West
West ("KKW")
(“KKW”) is,
is, and
and at
at all
all times
times relevant hereto was,
relevant hereto an
was, an
25
individual residing
individual in and
residing in and doing
doing business
business in
in the
the County
County of
of Los Angeles, State
Los Angeles, State of
of California.
California.
26
KKW has
KKW has spent
spent considerable time, energy
considerable time, and resources
energy and developing her
resources developing her career
career and
and is
is aa world-
world-
27 wide instantly
wide instantly recognized and popular
recognized and popular media
media and
and entertainment
entertainment personality,
personality, model,
model, influencer,
influencer,
28 businesswoman and
businesswoman and entrepreneur.
entrepreneur.

4361-27\Ple\COM 102919
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COMPLAINT
COMPLAINT
1 15.
15. KKW and
KKW and her
her family, currently and
family, currently and over
over the
the past
past twelve
twelve continual
continual years,
years, appear
appear in
in
2 the pop-culture
the pop-culture phenomenon
phenomenon E!
E! reality hit television
reality hit television series
series Keeping
Keeping Up with the
Up with the Kardashians
Kardashians

3 (2007–present). KKW
(2007-present). KKW was
was also
also featured
featured in the spin-off
in the spin-off shows
shows Kourtney
Kourtney and
and Kim
Kim Take New York
Take New York

4 (2011–2012) and
(2011-2012) and Kourtney
Kourtney and
and Kim
Kim Take Miami (2009-2013).
Take Miami (2009–2013). KKW
KKW has
has developed
developed aa substantial
substantial
online and
online and social
social media
media presence,
presence, including
including hundreds
hundreds of
of millions
millions of
of followers on Instagram
followers on (over
Instagram (over
5
148 million)
148 million) and
and Twitter
Twitter (over
(over 61.9
61.9 million).
million). She has released
She has released aa variety
variety of
of products
products tied
tied to
to her
her
6
name, including
name, including the
the 2014
2014 mobile
mobile app
app game
game Kim
Kim Kardashian:
Kardashian: Hollywood,
Hollywood, and
and aa variety
variety of
of
7
clothing and
clothing and beauty
beauty products
products and
and brands.
brands. In June
In June 2017,
2017, she
she launched
launched her
her own
own cosmetics
cosmetics
8
company and
company and beauty
beauty line,
line, KKW
KKW Beauty, and in
Beauty, and in November 2017 she
November 2017 she launched her own
launched her own fragrance
fragrance
9 line, KKW Fragrance.
line, KKW Fragrance.
10 16.
16. Through years of
Through years of hard
hard work,
work, including, but not
including, but not limited
limited to,
to, in
in the
the entertainment
entertainment
11 field, beauty industry
field, beauty industry and
and fashion industry, KKW
fashion industry, KKW has
has developed
developed sufficient
sufficient notoriety,
notoriety, recognition,
recognition,

12 reputation and influence

reputation and influence to
to create
create considerable commercial value
considerable commercial value in her identity.
in her identity. Time magazine
Time magazine

13 included KKW
included KKW on
on their
their list
list of
of 2015's
2015’s 100
100 most
most influential
influential people,
people, while
while Vogue described her
Vogue described her in
in
2016 as
2016 as aa “pop
"pop culture phenomenon.”
culture phenomenon."
14
17.
17. The marketable product
The marketable product of
of KKW's
KKW’s labor
labor and
and reputation is the
reputation is the ability
ability of
of KKW's
KKW’s
15
photograph, likeness
photograph, likeness and/or
and/or name to attract
name to attract attention
attention and
and evoke
evoke aa desired
desired response in aa particular
response in particular
16
consumer audience,
consumer audience, including,
including, significantly,
significantly, Instagram
Instagram and
and other
other social
social media
media users
users and
and
17
photograph posters.
photograph posters. The
The commercial
commercial value
value in
in her
her identity
identity permits
permits KKW
KKW to
to receive an economic
receive an economic
18 return through some
return through some medium
medium of
of commercial promotion, and,
commercial promotion, and, as
as aa result, she has
result, she has aa well-
well-
19 established value
established value for
for and
and is
is highly
highly paid
paid for
for her
her select
select endorsement
endorsement or
or sponsorship
sponsorship of
of or
or affiliation
affiliation
20 with products,
with products, including of beauty
including of beauty industry
industry and
and social
social media
media related products or
related products or services.
services. To
To

21 maximize the
maximize the commercial
commercial value
value in
in her
her identity
identity and
and to
to limit
limit diminishment
diminishment to
to that
that value,
value, KKW
KKW and
and

22 her representatives
her representatives restrict the use
restrict the use of
of her
her publicity
publicity rights in the
rights in the selection
selection and
and agreement
agreement to
to enter
enter
into an
into an association
association for
for advertising
advertising deals
deals for
for company
company and/or
and/or product
product sponsorship.
sponsorship. If KKW is
If KKW is
23
asked, and
asked, and if
if she
she agrees,
agrees, to
to participate
participate in
in aa beauty
beauty industry
industry product
product or
or other
other product
product
24
advertisement or
advertisement or endorsement
endorsement campaign
campaign (which
(which she
she would
would only
only do
do so
so for
for aa product
product she
she likes
likes and
and
25
uses, unlike
uses, unlike Sweet
Sweet Camera
Camera App),
App), she
she receives significant compensation
receives significant compensation per
per individual
individual
26
Instagram post and/or
Instagram post and/or for
for use
use of
of her
her image
image and
and persona
persona in
in advertisement
advertisement campaigns.
campaigns.
27 18.
18. Like many other
Like many other celebrities,
celebrities, KKW
KKW maintains
maintains an
an active
active online
online social
social media
media
28 presence --
presence -- with
with over
over 148
148 Million
Million Instagram
Instagram followers
followers -- on which
-- on she posts
which she posts about,
about, among
among other
other

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COMPLAINT
COMPLAINT
1 things, occurrences
things, occurrences in
in her life and
her life and her
her own
own product
product lines.
lines. She may post
She may post about
about her
her family,
family,
2 filming her show,
filming her show, people
people she
she encounters,
encounters, aa place
place she
she goes,
goes, her
her make-up
make-up or
or style,
style, or
or aa beauty
beauty

3 treatment she
treatment she tries
tries or
or receives, or aa product
receives, or product that
that she
she uses
uses and
and likes. On October
likes. On October 31,
31, 2017,
2017, aa

4 photograph was
photograph was captured
captured of
of KKW
KKW while standing in
while standing in her
her own
own bedroom,
bedroom, with
with her
her eyes shut, and
eyes shut, and
displaying her
displaying her applied
applied facial make-up (the
facial make-up (the “KKW
"KKW Photograph”). KKW thereafter
Photograph"). KKW thereafter posted
posted the
the
5
photograph on
photograph on her
her own
own Instagram,
Instagram, with
with the
the captions
captions stating
stating “Love this glam!"
"Love this glam!” and
and featuring
featuring her
her
6
KKW Beauty
KKW Beauty line
line “dark and light
"dark and light Powder
Powder Contour
Contour & Highlight kits
& Highlight kits for
for my
my eyeshadow!
eyeshadow!
7
Kkwbeauty.com”, displayed
Kkwbeauty.com", displayed on
on her
her Instagram
Instagram feed
feed and
and at
at the
the permalink
permalink post
post url
url
8
<instagram.com/p/Ba6mT5Cl3XT> (the “Oct
< instagram.com/p/Ba6mT5C13XT > (the 31, 2017
"Oct 31, 2017 Instagram
Instagram Post”).
Post").
9 19.
19. The particular image,
The particular image, the
the KKW
KKW Photograph
Photograph in
in the
the Oct
Oct 31,
31, 2017
2017 Instagram
Instagram Post on
Post on
10 KKW’s Instagram
KKW's feed, was
Instagram feed, viewed by
was viewed by KKW's
KKW’s over
over 148
148 Million followers, and
Million followers, and has
has received
received
11 more than
more than 2,276,940
2,276,940 likes.
likes. The popular KKW
The popular KKW Photograph was featured
Photograph was exclusively on
featured exclusively on KKW's
KKW’s

12 official social
official social media
media pages
pages to
to display
display and
and in
in promotion
promotion of
of and
and with
with aa link to her
link to her KKW
KKW Beauty
Beauty

13 cosmetics site.
cosmetics site.
DEFENDANTS
DEFENDANTS
14
20.
20. Defendants iHandy and
Defendants iHandy and Taplogic are mobile
Taplogic are mobile app
app developers,
developers, providers
providers and
and
15
marketers, providing,
marketers, providing, among
among other
other apps,
apps, the
the app
app and
and fee
fee subscription
subscription services
services for the “Sweet
for the "Sweet
16
Cam”
Cam" and
and “Sweet
"Sweet Camera”
Camera" App
App (the
(the “App”),
"App"), listed
listed on
on its
its website
website at
at
17
<ihandygroup.com/html/sweetcamera.html>, and linked
< ihandygroup.com/html/sweetcamera.html > , and linked to
to and
and marketed
marketed in the Apple
in the Apple App
App
18 store, under
store, under the
the name
name “inSelfie: Beauty Cam
"inSelfie: Beauty & Filter",
Cam & Filter”, and
and in
in the
the Google
Google Play App store,
Play App store, under
under
19 the name
the name “Sweet
"Sweet Camera
Camera -- Selfie
Selfie Beauty
Beauty Camera, Filters”.
Camera, Filters".
20 21.
21. Under the names
Under the iHandy Group,
names iHandy iHandySoft and
Group, iHandySoft and iHandy,
iHandy, Defendants iHandy and
Defendants iHandy and

21 Taplogic each conduct

Taplogic each conduct business
business and
and hold
hold themselves
themselves out,
out, interchangeably and with
interchangeably and no distinction
with no distinction

22 amongst one-another,
amongst one-another, in
in the
the United States, and
United States, and worldwide,
worldwide, and
and doing
doing business
business under
under the
the identical
identical
names, website,
names, website, social
social media
media accounts,
accounts, products
products and
and app
app store
store listings.
listings. Taplogic
Taplogic and
and iHandy are
iHandy are
23
jointly listed
jointly on and
listed on and operate
operate under
under the
the same
same company
company website
website at
at <ihandygroup.com>, listed as
< ihandygroup.com> , listed as
24
sharing an
sharing an identical
identical company
company domain,
domain, email
email address
address and
and email contacts. iHandy
email contacts. iHandy and
and Taplogic
Taplogic
25
operate, at,
operate, at, among
among other
other online
online locations,
locations, (i)
(i) the
the website
website at
at <ihandygroup.com> hosted by
< ihandygroup.com > hosted by
26
Amazon Technologies
Amazon Technologies Inc., (ii) the
Inc., (ii) the website
website at
at <glowdesign.me> hosted by
< glowdesign.me > hosted by Amazon
Amazon
27 Technologies Inc., (iii)
Technologies Inc., (iii) the
the Instagram user account
Instagram user account page
page at
at <instagram.com/sweetcamapp/>,
< instagram.com/sweetcamapp/ > ,
28 operated
operated by
by Instagram
Instagram in
in California,
California, (iv)
(iv) the
the Facebook
Facebook user
user account
account page
page at
at

4361-27\Ple\COM 102919
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6
COMPLAINT
COMPLAINT
1 <facebook.com/sweetcamapp/>, operated by
< facebook.com/sweetcamapp/ > , operated by Instagram
Instagram in
in CA,
CA, and
and (v)
(v) the
the Apple
Apple App
App store
store
2 vendor page
vendor page at
at <apps.apple.com/US/app/id1382602311?mt=8>, operated by
< apps.apple.com/US/app/id1382602311?mt=8 > , operated by Apple
Apple in
in CA.
CA.

3 22.
22. iHandy has
iHandy has made
made an
an apparent
apparent business
business of
of misappropriating
misappropriating people's
people’s faces
faces and
and

4 images, without
images, without licenses
licenses or
or authorization,
authorization, for
for self
self advertising
advertising and
and promotional
promotional services
services on
on its
its
social media
social media pages
pages and
and sites
sites to
to hock
hock its
its products.
products. iHandy
iHandy appears
appears to
to regularly violate third-party
regularly violate third-party
5
intellectual property
intellectual property rights in order
rights in order to
to promote
promote and
and sell
sell its
its products
products and
and services.
services. This
This time
time the
the
6
victim of
victim of iHandy's
iHandy’s shady
shady business
business practices,
practices, infringement
infringement and
and misappropriation
misappropriation is
is KKW.
KKW.
7
DEFENDANTS’ IINFRINGEMENT
DEFENDANTS' CONDUCT
NFRINGEMENT AND CONDUCT
8
23.
23. KKW does
KKW does not use nor
not use nor endorse defendants’ App
endorse defendants' App products,
products, and
and iHandy
iHandy and
and its
its
9 affiliates have
affiliates have no
no right or license
right or to commercially
license to commercially exploit
exploit the
the photograph
photograph or
or the
the right of publicity
right of publicity
10 of KKW
of KKW for
for any
any purpose.
purpose. Notwithstanding the foregoing,
Notwithstanding the foregoing, in 2019, Defendants
in 2019, Defendants commenced and
commenced and
11 engaged in
engaged in aa calculated
calculated unlawful
unlawful scheme
scheme to
to usurp,
usurp, use
use and
and exploit KKW’s image,
exploit KKW's image, celebrity
celebrity and
and

12 universal recognition
universal in aa world-wide
recognition in marketing campaign
world-wide marketing to market
campaign to market and
and advertise
advertise their
their products
products

13 and services.
and services. Defendants
Defendants pilfered
pilfered and
and misappropriated
misappropriated the
the KKW
KKW Photograph,
Photograph, without license or
without license or
authorization, to
authorization, to maximize
maximize attention
attention for
for self
self promotional
promotional advertisements
advertisements and
and product
product sales.
sales.
14
24.
24. iHandy (directly
iHandy (directly and/or
and/or through
through an
an agent
agent or
or other
other representative or engaged
representative or engaged
15
service provider),
service provider), made
made aa copy
copy of
of the
the popular
popular KKW
KKW Photograph originating on
Photograph originating on KKW's
KKW’s own
own
16
Instagram
Instagram feed.
feed. Defendants thereafter cropped,
Defendants thereafter cropped, zoomed,
zoomed, slightly
slightly rotated, and loaded
rotated, and loaded the
the KKW
KKW
17
Photograph in their
Photograph in their App
App and
and created
created aa computerized product exhibition
computerized product video displaying
exhibition video displaying the
the use
use
18 and editing
and editing of
of the
the photograph
photograph using
using the
the various
various App
App photo
photo editing
editing and
and "real-time
“real-time beauty
beauty selfie
selfie
19 effects”
effects" image
image manipulation features
manipulation features (the
(the “App Advertisements”).
"App Advertisements"). Defendants’ App
Defendants' App
20 Advertisements and
Advertisements and promotion,
promotion, featuring
featuring KKW's
KKW’s image,
image, displayed
displayed the
the Sweet
Sweet Cam
Cam App
App logo and
logo and

21 was linked
was linked to
to Defendants'
Defendants’ Instagram account @sweetcamapp
Instagram account and displayed
@sweetcamapp and displayed an
an "Install
“Install Now”
Now"

22 hyperlink button
hyperlink button to
to its
its product(s)
product(s) in
in the
the Apple
Apple App
App store.
store.
25.
25. In or about
In or about September 2019, Defendants
September 2019, published their
Defendants published their App
App Advertisement
Advertisement
23
marketing materials
marketing materials --
-- featuring
featuring KKW's
KKW’s photograph
photograph --
-- to
to advertise
advertise and
and promote
promote their
their App
App
24
product and
product and services.
services. Defendants’ App Advertisements
Defendants' App Advertisements and
and promotion
promotion were
were posted
posted in targeted
in targeted
25
sponsored Instagram
sponsored advertisements to
Instagram advertisements to hundreds
hundreds of
of millions
millions of
of KKW's
KKW’s followers and other
followers and other
26
Instagram users, and
Instagram users, and other
other perspective
perspective photo
photo and
and selfie
selfie editor
editor app
app users
users and
and purchasers.
purchasers.
27 // // //
28 // // //

4361-27\Ple\COM 102919
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7
COMPLAINT
COMPLAINT
1 26.
26. Set
Set forth
forth is
is aa copy
copy of
of KKW’s
KKW's Oct
Oct 31, 2017 Instagram
31, 2017 Instagram Post,
Post, featuring
featuring the
the KKW
KKW
2 Photograph post:
Photograph post:

3
E C I instagram corn': ir

4 X

5 kankerdashian 0 • Follow

6 kimkerdashian 0 Love this glom!

@makeuphyinado used the
Celdewbaeaty dark Lcd light Powder
Contour & Highlight kite for my
eyeshadow! Kkvebeauly_com
7
'3w

8
9

10
11 C2 0 II
2.276.941 hkcs

le13,113, •
12 Add n ,oruner.1

13
14
27.
27. Set
Set forth
forth are
are screengrab
screengrab image examples from
image examples defendants’ video
from defendants' video App
App
15
Advertisements
Advertisements featuring
featuring the
the KKW
KKW Photograph,
Photograph, distributed
distributed and
and displayed
displayed through
through defendants’
defendants'
16
targeted sponsored Instagram
targeted sponsored Instagram advertisements:
advertisements:
17 . AT&T S, 4:30 PM i ,r5T 432 PM

Video Video
18
4•;:. sweetcamapp SWaetoomePi5

19

20
21

22

23
24

25
Install Now
00 Install How
O
26
C7 0 V
6,009 views 5.009 views
27 sweetcamapp g I Real-time beautify selfie effects sweeicamapp Aeal-time beautify settle effects
Natural beauty skin Natural beauty skin
e Magic selfie editor tools ee Magic sellie editor tools
28 View all 2 comments

4361-27\Ple\COM
4361-27\131e \COM 102919 8
8
COMPLAINT
COMPLAINT
1 28.
28. Defendants engaged in
Defendants engaged in widespread
widespread infringement and misappropriation
infringement and misappropriation of
of KKW's
KKW’s
2 right of publicity
right of publicity by
by using
using her photograph, image,
her photograph, image, likeness
likeness and
and celebrity
celebrity persona
persona without
without license
license

3 or approval
or approval for
for their
their own
own pecuniary
pecuniary gain
gain and
and profit,
profit, and
and to
to promote
promote defendants'
defendants’ App
App and
and related
related

4 products and
products and services.
services. Defendants’ use of
Defendants' use of KKW's
KKW’s right of publicity
right of publicity was
was also
also all
all notwithstanding
notwithstanding
the fact
the fact that
that KKW
KKW does
does not
not use
use nor
nor endorse
endorse their
their product,
product, and
and that
that iHandy
iHandy and
and its affiliates knew
its affiliates knew
5
they didn't
they didn’t have
have any
any right to commercially
right to commercially exploit
exploit the
the photograph
photograph or
or persona
persona of
of KKW
KKW for any
for any
6
purpose. That,
purpose. however, didn’t
That, however, stop Defendants
didn't stop from misappropriating
Defendants from misappropriating and
and using
using the
the cherry-
cherry-
7
picked popular
picked popular "KKW
“KKW Beauty"
Beauty” makeup
makeup promotion
promotion photograph
photograph to
to promote
promote Defendants'
Defendants’ own
own selfie
selfie
8
makeup alternative
makeup alternative products,
products, advertised
advertised and
and promoted
promoted as
as "CREATE
"CREATE PHOTOS ALL ABOUT
PHOTOS ALL ABOUT
9 "BEAUTY"” and "WHY
"BEAUTY" and “WHY IS
IS IT
IT IMPORTANT? MAKEUP" with
IMPORTANT? MAKEUP" with “One-tap Auto Makeup
"One-tap Auto Makeup
10 Camera” and
Camera" and "Make
“Make Eye Color Shine
Eye Color & Fashion”.
Shine & Fashion".
11 29.
29. Following Defendants’ dissemination
Following Defendants' dissemination of
of the
the App
App Advertisements,
Advertisements, aa third
third party
party

12 posted aa comment
posted comment on
on iHandy's
iHandy’s own
own App
App Advertisement
Advertisement post,
post, on
on or
or about
about September 16, 2019,
September 16, 2019,

13 about the
about the photo
photo being
being of
of KKW
KKW --
-- one
one of
of the
the most
most instantly
instantly recognizable media personalities
recognizable media personalities in
in the
the
world --
world and putting
-- and putting it on notice
it on of the
notice of the infringement,
infringement, and
and that
that KKW
KKW would sue. Notwithstanding
would sue. Notwithstanding
14
the foregoing,
the foregoing, iHandy
iHandy continued to knowingly
continued to knowingly exploit
exploit KKW's
KKW’s photo
photo and
and image. It wasn't
image. It wasn’t until
until
15
after repeated
after demands on
repeated demands on behalf
behalf of
of KKW,
KKW, for
for the
the removal and cessation
removal and cessation of
of use
use of
of the
the infringing
infringing
16
App Advertisements
App Advertisements and
and for
for damages,
damages, that
that Defendants
Defendants finally
finally claimed
claimed to
to have
have ceased
ceased the
the
17
infringements and
infringements and removed their display
removed their of the
display of the unauthorized
unauthorized App
App Advertisements.
Advertisements.
18 30.
30. Defendants did not
Defendants did not deny
deny that
that they
they knowingly
knowingly misappropriated
misappropriated and
and exploited
exploited aa
19 photo without
photo without license
license and
and without
without aa model
model release or license
release or license from
from the
the woman
woman displayed.
displayed.
20 Defendants knew that
Defendants knew that they
they had
had misappropriated
misappropriated aa photograph
photograph to
to promote
promote and
and advertise
advertise their
their

21 products without
products without the
the featured individual’s consent.
featured individual's consent. Instead,
Instead, defendants claim, absurdly,
defendants claim, absurdly, as
as their
their

22 alleged defense
alleged defense and
and refusal to provide
refusal to provide damages
damages for
for the
the blatant
blatant infringement and misappropriation,
infringement and misappropriation,
that they
that they didn't
didn’t know
know that
that the
the unlicensed,
unlicensed, unauthorized
unauthorized photo
photo they
they knowingly
knowingly stole
stole and
and
23
misappropriated was
misappropriated was that
that of
of KKW.
KKW. Defendants incredulously and
Defendants incredulously and ridiculously feigned ignorance
ridiculously feigned ignorance
24
and assert
and assert that,
that, of
of the
the billions
billions upon
upon billions
billions of
of photographs
photographs on
on the
the Internet
Internet and
and Instagram, they
Instagram, they
25
didn’t know
didn't know that
that the
the one
one photo
photo they
they pilfered
pilfered and
and featured
featured without
without license
license for
for their
their targeted
targeted
26
sponsored Instagram
sponsored advertising campaign
Instagram advertising campaign ad
ad to
to promote
promote their
their beauty
beauty and
and makeup
makeup effects
effects app
app is
is aa
27 popular photo
popular photo of
of KKW
KKW that
that she
she had
had posted
posted to
to promote
promote her
her makeup
makeup beauty
beauty line, i.e., aa photo
line, i.e., photo of
of
28 one of
one of the
the most
most famous
famous and
and recognizable
recognizable women in the
women in the world.
world. The
The foregoing also
foregoing also

4361-27\Ple\COM 102919
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9
COMPLAINT
COMPLAINT
1 notwithstanding that
notwithstanding that the
the fact
fact that
that Instagram users easily
Instagram users easily recognized the photo
recognized the photo in
in the
the marketing
marketing
2 video to
video to be
be that
that of
of KKW
KKW and
and posted
posted aa comment
comment as
as to
to the
the same
same on
on iHandy's
iHandy’s own
own App
App

3 Advertisement post
Advertisement post -– one
one of
of the
the first
first comments
comments posted
posted to
to the
the marketing
marketing video.
video. Defendants
Defendants even
even

4 had the
had the audacity
audacity to
to threaten
threaten KKW
KKW not
not to
to bring
bring claims
claims against
against them
them for their blatant
for their blatant
infringements, or
infringements, or they
they would go after
would go after her.
her.
5
31.
31. Defendants’
Defendants' App
App Advertisements,
Advertisements, in
in furtherance
furtherance of
of their
their fraudulent
fraudulent
6
misappropriation advertisement
misappropriation advertisement scheme,
scheme, were posted and
were posted and disseminated
disseminated on
on its
its world-wide social
world-wide social
7
media site,
media site, including
including on
on their
their California
California based
based Instagram pages/feeds and
Instagram pages/feeds and linked to their
linked to their
8
California based
California Apple App
based Apple App Store app page.
Store app page.
9 32.
32. KKW’s photograph,
KKW's photograph, name,
name, image and persona
image and persona were obviously improperly
were obviously used by
improperly used by
10 Defendants to attract
Defendants to attract and
and captivate
captivate the
the attention
attention of
of consumers,
consumers, Instagram
Instagram users,
users, selfie
selfie and
and photo
photo
11 social media
social media posters
posters and
and related
related beauty product users,
beauty product users, to
to the
the false unauthorized advertisements
false unauthorized advertisements

12 and to
and to lure
lure potential
potential customers
customers to
to their
their websites,
websites, social
social media
media pages
pages and
and app
app store
store listings for the
listings for the

13 sale of
sale of their
their products
products and
and for the enhancement
for the enhancement of
of their
their companies.
companies.
33.
33. Notwithstanding the fact
Notwithstanding the fact that
that KKW
KKW had
had never
never entered
entered into
into any
any agreement
agreement
14
whatsoever with
whatsoever with Defendants pertaining to
Defendants pertaining to use
use of
of KKW's
KKW’s photograph,
photograph, right of publicity
right of publicity or
or
15
sponsorship, Defendants
sponsorship, nevertheless commercially
Defendants nevertheless commercially exploited
exploited her
her photograph,
photograph, likeness, name and
likeness, name and
16
celebrity persona,
celebrity persona, without
without authorization
authorization and
and consent,
consent, in California and
in California and throughout
throughout the
the world.
world.
17
34.
34. At all
At all material
material times,
times, Defendants,
Defendants, and
and each
each of
of them,
them, knew that they
knew that they did
did not
not have
have
18 any right
any right whatsoever to commercially
whatsoever to commercially exploit
exploit KKW's
KKW’s photograph
photograph or
or the
the likeness,
likeness, name
name and
and
19 celebrity persona
celebrity persona of
of KKW.
KKW. Notwithstanding that knowledge,
Notwithstanding that Defendants repeatedly
knowledge, Defendants commercially
repeatedly commercially
20 exploited KKW
exploited KKW for their own
for their own commercial
commercial gain,
gain, inter
inter alia,
alia, in marketing materials
in marketing materials to
to mobile
mobile app
app

21 users, Instagram
users, Instagram users
users and
and perspective
perspective customers,
customers, in
in promotional
promotional and
and marketing
marketing materials
materials to
to the
the

22 public and
public and consumers,
consumers, in
in promotional
promotional information
information and
and advertisements
advertisements disseminated
disseminated over
over the
the
Internet, on their
Internet, on their websites
websites and/or
and/or social
social media
media posts/feeds,
posts/feeds, touting
touting defendants'
defendants’ goods
goods and
and
23
services, all
services, all making
making it
it appear
appear that
that KKW
KKW had
had agreed
agreed to
to such
such use
use and
and advertisements.
advertisements.
24
35.
35. KKW did
KKW did not
not authorize
authorize nor
nor consent
consent to
to Defendants to use
Defendants to use KKW's
KKW’s photograph,
photograph,
25
name, image
name, image and/or
and/or likeness to advertise
likeness to advertise or
or promote
promote the
the sale
sale of
of the
the App
App and/or
and/or Defendants'
Defendants’
26
services or
services or products.
products. KKW
KKW likewise
likewise did
did not
not authorize
authorize Defendants
Defendants to
to distribute or disseminate
distribute or the
disseminate the
27 App Advertisement
App Advertisement marketing
marketing materials,
materials, including on any
including on any websites
websites or
or social
social media
media platforms.
platforms.
28 // // //

4361-27\Ple\COM 102919
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10
COMPLAINT
COMPLAINT
1 FIRST CAUSE OF
FIRST CAUSE OF ACTION
ACTION
2 For Common Law
For Common Misappropriation of
Law Misappropriation of the
the Right
Right of
of Publicity
Publicity

3 (By KKW Against

(By KKW Against All Defendants)
All Defendants)

4 36.
36. Plaintiff KKW repeats,
Plaintiff KKW repeats, realleges, adopts and
realleges, adopts and incorporates
incorporates each
each and
and every
every
allegation contained
allegation contained in
in Paragraphs 1 through
Paragraphs 1 through 35,
35, inclusive,
inclusive, as
as though
though fully
fully set
set forth herein.
forth herein.
5
37.
37. KKW’s name,
KKW's name, photograph,
photograph, likeness and persona
likeness and persona have
have substantial
substantial commercial
commercial value
value
6
and are
and are vested
vested with
with substantial
substantial good-will
good-will in
in the
the eyes
eyes of
of the
the public.
public. As
As such,
such, KKW
KKW has
has valuable
valuable
7
rights of publicity
rights of publicity and
and property
property rights with substantial
rights with substantial commercial
commercial value.
value.
8
38.
38. Defendants have usurped
Defendants have usurped and
and exploited,
exploited, for their own
for their own commercial purposes,
commercial purposes,
9 KKW’s identity
KKW's identity by
by use
use of
of her photograph, image
her photograph, and persona.
image and persona. KKW
KKW did
did not
not authorize
authorize nor
nor agree
agree
10 to license
to license use
use of
of KKW's
KKW’s name,
name, photograph,
photograph, image
image or
or persona,
persona, in
in whole or in
whole or in part,
part, to
to any
any of
of the
the
11 Defendants to advertise
Defendants to advertise or
or promote
promote Defendants’ products or
Defendants' products or services,
services, or
or to
to commercially
commercially exploit
exploit

12 by means
by means of
of their
their marketing
marketing materials
materials and
and advertisements
advertisements for their App
for their App or
or any
any related or other
related or other

13 products or
products or services,
services, including
including in any online
in any online marketing
marketing materials,
materials, or
or otherwise.
otherwise. The
The unauthorized
unauthorized
App Advertisements,
App Advertisements, and
and any
any other
other advertisement
advertisement posts
posts or
or materials,
materials, utilizing
utilizing KKW's
KKW’s name,
name,
14
photograph, image
photograph, image or
or persona,
persona, by
by Defendants
Defendants constitutes
constitutes aa violation
violation and
and commercial
commercial
15
misappropriation of
misappropriation of KKW's
KKW’s right of publicity,
right of publicity, in
in that
that Defendants
Defendants misappropriated
misappropriated KKW's
KKW’s
16
likeness and persona
likeness and persona by using them
by using them in
in the
the App
App Advertisements
Advertisements for
for the
the purpose
purpose of
of commercial
commercial
17
gain, without
gain, without KKW's
KKW’s knowledge or consent
knowledge or consent or
or authorization.
authorization.
18 39.
39. Defendants’ wrongful conduct
Defendants' wrongful conduct as
as herein alleged continued
herein alleged continued even
even after
after Defendants
Defendants
19 were placed
were placed on
on notice
notice that
that KKW's
KKW’s photograph
photograph was
was being
being used
used without
without any
any rights and even
rights and after
even after
20 demand was
demand was made
made that
that Defendants
Defendants cease
cease their
their unauthorized
unauthorized commercial
commercial exploitation
exploitation and
and use
use of
of

21 KKW’s right
KKW's of publicity,
right of publicity, further evidencing Defendants'
further evidencing Defendants' conscious
conscious disregard
disregard of
of KKW's
KKW’s rights.
rights.

22 40.
40. Said misappropriation
Said misappropriation was
was for Defendants’ advantage
for Defendants' advantage in
in that
that KKW's
KKW’s name,
name,
photograph, image,
photograph, image, persona
persona and/or
and/or purported
purported endorsement
endorsement were exploited with
were exploited the intention
with the intention of
of
23
creating and
creating and enhancing
enhancing Defendants’ pecuniary gain.
Defendants' pecuniary gain.
24
41.
41. As aa direct
As and proximate
direct and proximate result of the
result of the aforementioned
aforementioned acts
acts by
by Defendants, and
Defendants, and
25
each of
each of them,
them, KKW
KKW has
has been
been damaged
damaged in an amount
in an amount not
not yet
yet fully ascertainable but
fully ascertainable but which
which is
is
26
believed to
believed to be
be in
in excess
excess of
of Ten
Ten Million ($10,000,000) Dollars,
Million ($10,000,000) Dollars, including
including for the loss
for the loss of
of the
the
27 monetary consideration
monetary consideration that
that would
would customarily be paid
customarily be paid to
to KKW
KKW to
to license KKW’s name,
license KKW's name,
28 photograph, image
photograph, image and/or
and/or persona
persona in
in connection
connection with
with use
use of
of her
her image
image for
for endorsement or
endorsement or

4361-27\Ple\COM 102919
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11
COMPLAINT
COMPLAINT
1 sponsorship for
sponsorship for commercial
commercial use
use and
and exploitation.
exploitation. KKW
KKW has
has also
also suffered
suffered emotional
emotional distress
distress as
as aa
2 result of the
result of the use
use of
of her
her image
image without compensation. The
without compensation. emotional distress
The emotional distress suffered
suffered by
by KKW
KKW is
is

3 the normal
the normal type
type of
of distress
distress that
that would
would be
be caused
caused to
to aa person
person as
as aa result of the
result of the type
type of
of conduct
conduct

4 alleged herein,
alleged herein, and
and is
is not
not ongoing
ongoing or
or severe.
severe. The amount of
The amount of damages
damages is
is in
in excess of the
excess of the
jurisdictional limits
jurisdictional of this
limits of this Court,
Court, the
the exact
exact amount
amount of
of which is subject
which is subject to
to proof
proof at
at trial.
trial.
5
42.
42. As aa direct
As direct and
and proximate
proximate result of the
result of the aforementioned
aforementioned acts
acts by
by said
said Defendants,
Defendants,
6
and each
and each of
of them,
them, Defendants
Defendants have
have earned
earned profits
profits attributable
attributable to
to the
the exploitation of the
exploitation of the marketing
marketing
7
materials and
materials and advertisements
advertisements and
and any
any other
other wrongful
wrongful use
use of
of KKW's
KKW’s name,
name, photograph,
photograph, image,
image,
8
persona, and/or
persona, and/or purported
purported affiliation
affiliation or
or endorsement
endorsement by
by her
her of
of the
the products
products and
and services,
services, and
and
9 have thereby
have thereby been
been unjustly
unjustly enriched.
enriched. The amount of
The amount of said
said ill-gotten
ill-gotten gains
gains and
and profits
profits has
has yet
yet to
to be
be
10 ascertained. KKW
ascertained. KKW is
is entitled
entitled to
to recover all said
recover all said unjust
unjust enrichments,
enrichments, including
including all
all revenues and
revenues and
11 profits earned
profits by each
earned by each of
of the
the Defendants as aa result
Defendants as of Defendants'
result of unauthorized commercial
Defendants' unauthorized commercial

12 exploitation of
exploitation of the
the marketing
marketing materials
materials and
and advertisements
advertisements and
and any
any other
other use
use of
of KKW's
KKW’s Name &
Name &

13 Likeness in violation
Likeness in violation of
of her
her right of publicity.
right of publicity.
43.
43. Based on the
Based on the foregoing,
foregoing, the
the Court
Court should
should require Defendants to
require Defendants to render an
render an
14
accounting to
accounting to KKW
KKW and
and the
the Court
Court should
should impose
impose aa constructive
constructive trust
trust on
on all
all said
said revenues
revenues
15
obtained directly
obtained directly or
or indirectly
indirectly by
by each
each or
or any
any of
of the
the said
said Defendants
Defendants resulting from the
resulting from the
16
unauthorized commercial
unauthorized commercial exploitation
exploitation of
of the
the marketing
marketing materials
materials and
and advertisements
advertisements and
and any
any
17
other use
other use of
of KKW's
KKW’s name,
name, photograph,
photograph, image and/or persona
image and/or persona in
in violation
violation of
of her
her right of
right of
18 publicity. Defendants
publicity. are constructive
Defendants are constructive trustees
trustees holding
holding said
said funds
funds in trust for
in trust for Plaintiff.
Plaintiff.
19 44.
44. Defendants, and/or their
Defendants, and/or their affiliated
affiliated service
service providers
providers and
and product
product advertisers
advertisers and
and
20 distributors, have
distributors, have utilized
utilized KKW's
KKW’s name,
name, photograph
photograph and/or
and/or likeness
likeness through
through their
their use,
use, post,
post,

21 distribution and/or
distribution and/or dissemination of the
dissemination of the marketing
marketing materials
materials and
and advertisements
advertisements and/or
and/or other
other

22 unauthorized purported
unauthorized purported affiliation
affiliation with
with or
or endorsement
endorsement by
by her
her of
of the
the products
products and
and services.
services.
Unless and until
Unless and until enjoined
enjoined and
and restrained by order
restrained by order of
of this
this Court,
Court, Defendants’ acts will
Defendants' acts continue to
will continue to
23
cause KKW
cause KKW irreparable
irreparable injury, which cannot
injury, which cannot adequately
adequately be
be compensated
compensated by
by money
money damages.
damages. By
By
24
reason of the
reason of the foregoing,
foregoing, Plaintiff
Plaintiff is entitled to
is entitled to preliminary
preliminary and
and permanent
permanent injunctive
injunctive relief,
relief,
25
enjoining the
enjoining the distribution
distribution and
and use
use of
of the
the marketing
marketing materials
materials and
and advertisements
advertisements with,
with, or
or any
any
26
other use
other use of,
of, KKW's
KKW’s name,
name, image,
image, photograph
photograph and
and right of publicity.
right of publicity.
27

28

4361-27\Ple\COM 102919
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COMPLAINT
COMPLAINT
1 PRAYER FOR
PRAYER RELIEF
FOR RELIEF
2 WHEREFORE, Plaintiff
WHEREFORE, prays for
Plaintiff prays for judgment
judgment against
against Defendant(s),
Defendant(s), as
as follows:
follows:

4 AS TO THE
AS TO THE FIRST CAUSE OF
FIRST CAUSE OF ACTION
ACTION (FOR COMMON LAW
(FOR COMMON MISAPROPRIATION
LAW MISAPROPRIATION
OF THE
OF RIGHT OF
THE RIGHT OF PUBLICITY):
PUBLICITY):
5
1.
1. For general, compensatory
For general, compensatory and
and incidental damages against
incidental damages against Defendants,
Defendants, and
and each
each
6
of them,
of them, jointly
jointly and
and severally,
severally, in
in an
an amount
amount not
not less
less than
than Ten
Ten Million ($10,000,000) Dollars,
Million ($10,000,000) Dollars, in
in
7
accordance with
accordance with proof
proof at
at trial;
trial;
8
2.
2. For an accounting
For an accounting by
by each
each of
of the
the Defendants
Defendants of
of all
all gross
gross revenues and profits
revenues and profits
9 received,
received, directly and indirectly,
directly and indirectly, by each of
by each of said
said Defendants
Defendants as
as aa result of the
result of the unauthorized
unauthorized
10 commercial exploitation
commercial exploitation of
of Plaintiff’s name, photograph,
Plaintiff's name, photograph, image
image and/or
and/or persona,
persona, and
and such
such
11 monies;
monies;

12 3.
3. For an Order
For an Order of
of the
the Court
Court requiring Defendants to
requiring Defendants to disgorge
disgorge to
to Plaintiff all monies
Plaintiff all monies

13 received by Defendants,
received by directly or
Defendants, directly or indirectly, as aa result
indirectly, as of their
result of their wrongful conduct regarding
wrongful conduct the
regarding the
unauthorized commercial
unauthorized commercial exploitation of Plaintiff's
exploitation of Plaintiff’s name,
name, photograph,
photograph, image
image and/or
and/or persona,
persona,
14
including all
including all amounts
amounts by
by which
which Defendants have been
Defendants have been unjustly
unjustly enriched, and pending
enriched, and pending said
said
15
disgorgement, an
disgorgement, an order
order imposing
imposing aa constructive trust for
constructive trust for Plaintiff on all
Plaintiff on all such
such monies;
monies;
16
4.
4. For an injunction
For an to prevent
injunction to prevent Defendants,
Defendants, and
and each
each of
of them,
them, and
and their
their agents
agents and
and
17
employees, and
employees, and all
all affiliated
affiliated service
service providers,
providers, from
from use,
use, post,
post, displaying,
displaying, disseminating,
disseminating,
18 publishing, distributing
publishing, distributing and/or
and/or otherwise
otherwise exploiting
exploiting any
any marketing
marketing materials
materials and
and advertisements
advertisements
19 with KKW's
with KKW’s name,
name, photograph,
photograph, image or persona;
image or persona; and
and from
from making
making any
any further or other
further or other use
use of
of
20 any purported
any purported affiliation
affiliation with
with or
or endorsement
endorsement by KKW of
by KKW of Defendants’ products and/or
Defendants' products and/or services,
services,

21 and from
and from making
making unauthorized
unauthorized use
use of
of KKW's
KKW’s name,
name, photograph,
photograph, image
image and/or
and/or persona
persona for
for

22 commercial purposes;
commercial purposes;
// // //
23
// // //
24
// // //
25
// // //
26
// // //
27 // // //
28 // // //

4361-27\Ple\COM 102919
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13
COMPLAINT
COMPLAINT
1 AS TO ALL
AS TO CAUSES OF
ALL CAUSES OF ACTION:
ACTION:
2 5.
5. For
For costs of suit
costs of suit herein;
herein;

3 6.
6. For
For reimbursement to Plaintiff
reimbursement to of attorneys'
Plaintiff of attorneys’ fees,
fees, as
as provided
provided by
by law;
law;

4 7.
7. For
For interest on the
interest on the above-requested
above-requested damages
damages and
and at
at the
the maximum
maximum legal
legal rate as
rate as
provided by
provided by law;
law;
5
8.
8. For such other
For such other additional
additional relief as the
relief as the Court
Court deems just and
deems just and proper;
proper; and
and
6
9.
9. Plaintiff hereby demands
Plaintiff hereby demands aa jury
jury trial
trial pursuant
pursuant to
to the
the Rules of Civil
Rules of Civil Procedure.
Procedure.
7

8 DATED: October 30,

DATED: October 30, 2019
2019 MARTIN D. SINGER
MARTIN D. SINGER
EVAN
EVAN N. SPIEGEL
N. SPIEGEL
9 LAVELY
LAVELY && SINGER
SINGER
PROFESSIONAL CORPORATION
PROFESSIONAL CORPORATION
10

11 /s/
/s/ -- Martin
Martin D.
D. Singer
Singer
By:
By: ________________________________
12 MARTIN
MARTIN D. D. SINGER
SINGER
13 Attorneys for
Attorneys for Plaintiff Kim Kardashian
Plaintiff Kim Kardashian West
West

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4361-27\Ple\COM 102919
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14
COMPLAINT
COMPLAINT