The ‘Keeping Up With the Kardashians’ star is seeking damages of at least $10 million, disgorgement – which means giving up something obtained by illegal or unethical acts on demand or by legal compulsion – of the company’s profits and a permanent injunction to stop the online retailer from future infringements.
In documents obtained by ‘Entertainment Tonight’, Kim also shared photos of what she claimed were the company’s “knock-off” versions of her clothes.
She also alleged the firm “in total disregard of Kardashian’s trademark rights and rights of publicity, have repeatedly used [her] name and image without authorisation to generate interest in their brand and website, and to elicit sales of their products.”
Kim further went on to criticise Missguided for its “fast” designs and claimed they are often “blatant knock-offs”.
She wrote: “[Missguided] specialises in ‘fast’ and inexpensive clothing designs, which are often derivative of other companies’ designs if not blatant knock-offs.
“Missguided has become particularly well-known for copying designs worn by famous celebrities, which it then offers for sale on its sites within days — sometimes even hours — of the celebrity appearing in the clothing.
“Missguided has not only knocked-off the clothing of other designers, but it has unabashedly misappropriated the rights of celebrities like Kardashian in selling these knock-offs on its websites.”
The 38-year-old beauty is suing for violation of statutory right of publicity, violation of common law right of publicity, false designation of origin, trademark infringement, common law trademark infringement.
The lawsuit was filed a day after Kim – who has children North, five, Saint, three, and Chicago, 13 months, with husband Kanye West – expressed her frustration at labels that rip off her looks.
Kim took to Twitter after a website advertised a version of the one-of-a-kind vintage Thierry Mugler dress she wore at the Hollywood Fashion Awards over the weekend.
She tweeted: “Only two days ago, I was privileged enough to wear a one-of-a-kind vintage Mugler dress and in less than 24 hours it was knocked off and thrown up on a site — but it’s not for sale.
“You have to sign up for a waitlist because the dress hasn’t even been made to sell yet. This is a way to get people to sign up for their mailing list and make people believe there is some kind of relationship between me and this fashion site. There is not.
“It’s devastating to see these fashion companies rip off designs that have taken the blood, sweat and tears of true designers who have put their all into their own original ideas.
“I’ve watched these companies profit off my husband’s work for years and now that it’s also affecting designers who have been so generous to give me access to their beautiful works, I can no longer sit silent.”