According to a copy of the lawsuit posted on celebrity gossip blog TMZ.com, Kardashian’s complaint alleges that Vivid’s distribution of her sex tape is a violation of her right to privacy, her common law right of publicity (surrounding the use of her name and likeness in Vivid’s promotional efforts) and unfair competition.
In court papers, Kardashian alleges that she “did not intend, authorize or consent to the distribution of the videotape…to any other person, and [Kardashian] certainly never intended or expected the videotape of her most intimate acts to be made a product of commercial exploitation and mass public distribution.”
Kardashian is seeking general, exemplary and punitive damages according to proof; all profits from Vivid’s use of her name and likeness; a temporary restraining order and an injunction from Vivid using her name and likeness to confuse the public into thinking she endorses the sale of the tape; and from representing that Vivid obtained her authorization or consent for the sale and distribution of the tape.
It is noteworthy to mention that Kardashian does not request the court to order Vivid to cease-and-desist all Internet pre-sales of “Kim Kardashian Superstar,” which releases Feb. 28.
According to a post on TMZ.com today, Vivid Co-chairman Steve Hirsch continues to maintain that the tape was legally obtained and that Vivid is confident the release of the tape will withstand legal challenges.
Kardashian’s lawyer, Steven N. Kurtz, of Levinson, Arshonsky & Kurtz out of Encino, Calif. told XBIZ that Kardashian’s publicist would handle all official statements about the lawsuit and that he would not comment.
Vivid’s national sales manager Howard Levine said “no comment” when asked about Kardashian’s lawsuit.
Vivid paid $1 million for the rights to distribute the sex tape.
