Singer Ariana Grande is asking for $10m in damages from Forever 21, saying the retailer “stole her name” to promote its clothing and beauty products.
She said the firm published at least 30 “unauthorised” images and videos that suggested she had endorsed the brand. The lawsuit also alleges the company hired a model with an “uncanny” resemblance to Ms Grande for some of its social media posts.
Grande’s lawsuit comes after a breakdown in talks over a joint marketing campaign.
According to her, the company, which has stores in more than 50 countries around the world, approached her in 2018 about endorsement. However, she said talks broke down because “the amounts that Forever 21 offered to pay for the right to use Ms Grande’s name and likeness were insufficient for an artist of her stature.”
“Rather than pay for that right as the law requires, defendants simply stole it,” she says in the complaint, which was filed in federal court in California.
The “misleading campaign” occurred primarily in January and February of 2019, before the release of Ms Grande’s album, Thank U, Next, according to the suit.
“As of February 2019, Ms. Grande became the most-followed woman on Instagram in the world, amassing more than 160 million Instagram followers; a title she continues to hold through the date of filing this Complaint,” according to the suit. “Even a single social media post by Ms. Grande can garner fees of several hundred thousand dollars, and her longer-term endorsement arrangements command fees in the millions of dollars,” the suit reads.
Forever 21 declined to comment on the specifics of the lawsuit, according to the BBC.
“That said, while we dispute the allegations, we are huge supporters of Ariana Grande and have worked with her licensing company over the past two years,” the company says. “We are hopeful that we will find a mutually agreeable resolution and can continue to work together in the future.”
Grande is one of a long line of celebrities to sue over trademarks.
For example, in July, Kim Kardashian-West won $2.7m in damages after accusing fashion brand Missguided USA of ripping off her outfits and using her name to sell clothes.
John Coldham, a partner at law firm Gowling WLG, said the Ariana Grande case “should act as a stark warning to brand owners to be very careful about using celebrity images and ensuring they are not implying an endorsement.“
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