When Kim Kardashian filed a reported $20 million lawsuit against Old Navy last July, alleging that parent company The Gap damaged her reputation by using a look-a-like in a commercial, she probably did not anticipate that the company would investigate said reputation as part of their legal defense.
The Hollywood Reporter alleges that The Gap has hired high-profile lawyer Louis Petrich to launch an investigation into Kardashian's reputation. Experts predict that resolving the case could take about a year and that Kardashian herself, as well as her doppelganger and the creative forces behind the commercial, could end up on the witness stand.
The commercial in question stars Kardashian look-a-like Melissa Molinaro, who appeared on the MTV series "Making the Band 3" as well as The CW's talent competition series, "Pussycat Dolls Present: The Search for the Next Doll." In the commercial, Molinaro is styled similarly to Kardashian, sporting her signature side ponytail. As the commercial progresses, Molinaro sings "I'm super c-u-t-e, every single day" while dancing in a park, a grocery store, and finally on the hood of a car.
Kardashian opted to file a lawsuit over the spot, claiming that Old Navy created confusion in the marketplace and damaged her brand. One of Kardashian's lawyers' key pieces of evidence is reportedly consumer surveys showing that the commercial did manage to leave fans scratching their heads. Members of the media who reported on the commercial, and its likeness to Kardashian, could also be questioned in the case.
Coincidentally, soon after the Old Navy ad aired, reports surfaced that Reggie Bush, Kardashian's ex, was dating Molinaro. According to the Hollywood Reporter, it is even possible that the Miami Dolphins star could be a witness in the case, too.
As the Hollywood Reporter explains, The Gap has a few routes to defend themselves against the lawsuit. One is to prove that Kardashian is "libel-proof," meaning that her reputation is so bad that no single thing could cause true damage. Apparently, The Gap is also investigating how much Kardashian's collaborations with retailers Bebe and Sears earned, as well as "Kim Kardashian's reputation as a singer and dancer." The paper surmises that this could be an attempt to prove that Kardashian is not actually as good a performer as Molinaro, the talent Old Navy hired for the spot.
Luckily for Kardashian, it does not appear that the investigation will delve at all into her 72 day marriage to New Jersey Nets star Kris Humphries and the subsequent fallout.
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