Kim Kardashian has filed a federal lawsuit against Old Navy over their "Super C-U-T-E" commercial, which features a look-alike, according to a press release obtained by OnTheRedCarpet.com.
The complaint, which was filed on July 20, accuses the company of misappropriating the reality star's likeness and persona to promote Old Navy products. According to the statement, "Old Navy used Kardashian's likeness in the form of a celebrity look-alike, and styled the infringing ads to evoke Kardashian's identity and persona."
The company has not commented. It acknowledged the resemblance, writing on Twitter in February, "Breaking News!! @CBSNEWS reports that Old Navy's Super CUTE star looks like @kimkardashian. #LOL. What do you think?"
In addition to compensatory and punitive damages, Kardashian is seeking an injunction against Old Navy for the alleged violations.
"Celebrities have the exclusive right to control the use of their likeness and identity, and to chose the products they endorse," said Kardashian's lawyer Gary Hecker in the filing. "Kim Kardashian is immediately recognizable, and is known for her look and style. Her identity and persona are valuable. When her intellectual property rights are violated, she intends to enforce them."
Kardashian agreed in the complaint, stating, "I've worked hard to support the products I'm personally involved with and that I believe in."
Pop singer Melissa Molinaro, who appears in the ad, immediately drew comparisons to Kardashian following the commercial's original February 2011 airing. She is also dating Kardashian's ex-boyfriend, football player Reggie Bush.
Molinaro, who is a Canadian pop singer, has been dating New Orleans Saint Bush for several months. The couple met two years ago and began dating officially last winter. Kardashian dated Bush on and off between 2007 and 2010.
The relationship went public after Bush attended her birthday dinner in Beverly Hills earlier this month.
"To me, it's extremely flattering," Molinaro told E! News about the Kardashian comparisons in February. "She is a beautiful woman in her own right. You know, I'm flattered. That's an amazing compliment."
Molinaro has appeared on shows like "Making the Band 3" and "The Pussycat Dolls Present: The Search for the Next Doll." She also starred in "Honey 2," the straight to DVD sequel to "Honey," which starred Jessica Alba.
Molinaro's first single, "Dance Floor" had 346,448 views on YouTube at press time. According to the Hollywood Reporter, she is currently recording her debut pop album.
Meanwhile, Kardashian announced her engagement to NBA player Kris Humphries, 26, in May. The couple began dating in December 2010 and the basketball player proposed in May with a $1 million, 20.5 carat engagement ring.
Humphries, who plays for the New Jersey Nets, will be the second NBA player to join the family since Khloe Kardashian married Los Angeles Lakers star Lamar Odom in 2009.
The wedding will occur in August, though the date has not yet been announced. This will be the second marriage for Kim Kardashian. She and music producer Damon Thomas wed in 2000, when she was 19 years old. The two divorced in 2004.
Do you think that Kim Kardashian has a good case against Old Navy? Watch the commercial and vote in our poll.