Kendall Jenner is suing skin care giant Cutera after the company used her image in a campaign for their products without the reality star’s permission. In court documents obtained by People, the extent of the lawsuit reveals just how successful the Keeping Up With The Kardashians star has become.
Kendall, under her business name, Kendall Jenner Inc., has sued the skin care company for at least $10 million in a Los Angeles court, claiming she never gave permission to Cutera to use her image. Cutera is based in Brisbane, California.
— ELLE Magazine (US) (@ELLEmagazine) February 14, 2016
Ads appeared around New York City before and during Fashion Week bearing Kendall Jenner’s likeness and quoted Jenner, claiming that acne had “completely ruined” her self-esteem.
Cutera also tried claiming credit for the 20-year-old’s “nearly flawless skin,” indicating that it was the result of using their Laser Genesis treatment. According to court documents, Kendall did not give her permission to use pictures of her, and if she had, she would have commanded a salary “well into eight figures” to endorse the product in a world-wide campaign; a princely sum for the television star.
In the lawsuit, Kendall listed her accomplishments, most notably that she has “graced the covers of the world’s most prestigious fashion magazines,” and pointed out that Jenner is a television star with a hefty social media presence. The documents also highlight that Kendall has her own clothing line with her sister, Kylie.
As a result, Kendall is asking the company to hand over the profits from the campaign that used her image without authorization, which should “in no event [be] less than $10 million.” In addition, Jenner is seeking a restraining order from the company to prevent them from “any use of Kendall Jenner’s name, likeness, identity or person” in future campaigns.
— VOGUE.CO.UK (@BritishVogue) February 13, 2016
More importantly, according to CNBC, the incident robbed Kendall of the choice of whether to endorse the laser treatments. Court documents state that “[s]etting aside the monetary value…it is Ms. Jenner’s choice whether or not to commercially endorse another party’s goods and services.” By using Kendall Jenner’s face without permission, “Cutera took that choice away from her.”
The lawsuit is a warning to any other company that plans to try to use photos of Kendall without her permission; according to the model’s attorney, Todd Wilson, “[t]he right to associate Kendall Jenner’s name and likeness in connection with a product or service belongs solely to Kendall Jenner and is protected by Federal and State law.”
The court documents also point out that the lawsuit “should serve notice that Ms. Jenner will vigorously defend her rights under the law” against Cutera or any other business that might use her image to promote its products.
— LILKIMLAND™ (@LILKIMLAND) February 11, 2016
Kendall Jenner was spotted at Fashion Week, particularly at the Yeezy Season 3 launch, where she sported one of the fashion line’s dresses. Jenner reportedly thought the launch party, which also served as a listening party for Kanye West’s new album The Life Of Pablo, was “sick,” taking to her app to confess that “I still have goosebumps (I’m also freezing in NYC, lol).”
Addressing rumors that the models were told to stand still for the entire show, Kendall said she was “totally in awe of the models who stood for that long, but thought it was cool that [Kanye] told them they could sit or lay down if they needed.” The show was lauded for its brilliance, but has also suffered from rumors that models were instructed “that the theme was channeling a Rwandan refugee camp.”
Kendall Jenner also revealed that she “[l]ovvvvved being with my whole family most,” and confided over her app that “[t]hese are the moments that get me through being away from home for so long.”
[Photo by: Frazer Harrison/Getty Images]