Kim Kardashian West v. iHandy Ltd.

I. Background

A. Factual Background This case is about Defendants’ alleged misappropriation and unauthorized use of Plaintiff’s image and likeness to advertise and promote Defendants’ product, a mobile app. Plaintiff has spent considerable time, energy and resources developing her career and is a world- wide instantly recognized and popular media and entertainment personality, model, influencer, businesswoman and entrepreneur. See Complaint, Dkt. # 1-4 (“Compl.”), ¶ 14. Plaintiff and her family, currently and over the past twelve continual years, appear in the pop-culture phenomenon E! reality hit television series Keeping Up with the Kardashians, and Plaintiff has been featured in spin-off shows. Id. ¶ 15. Plaintiff has also launched a cosmetics company and beauty line, and fragrance line. Id. Plaintiff has “create[d] considerable commercial value in her identity,” and the marketable product of her labor is “the ability of [Plaintiff’s] photograph, likeness and/or name to attract attention and evoke a desired response in a particular consumer audience,” including social media users. Id. ¶¶ 15–17. Plaintiff is “highly paid for her select endorsement or sponsorship of…