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What if you’re a retailer and you can’t afford to pay a big celebrity top dollar, for an exclusive modeling contract with your company. Well, if you’re like the clothing store Forever 21, you think outside the box and use a model who is very similar to a famous celeb. At least, that is what Ariana Grande is alleging Forever 21 did, with her show-stopping 10 million dollar lawsuit against the company, claiming copyright infringement.
Ariana Grande doesn’t mess around when it comes to standing up for her brand. Despite receiving some push back for recently canceling her 2019 European tour dates, to take care of her mental health, she has drawn a line in the sand about copyright infringement.
The complaint, which was filed in California federal court this month, alleges that Forever 21 was “unwilling to pay the fair market value for a celebrity of Ms. Grande’s stature” and violated her copyright when it “stole her name, likeness, and other intellectual property to promote their brands for free.”
That isn’t all:
The 76-page complaint lays out a case as to why Forever 21 violated Grande’s copyright, suggesting that she is “highly sought after by companies hoping to secure her endorsement”. The paperwork for the suit goes on to say that Grande earns several hundred dollars for each social media post she makes and, when it comes to endorsements, can receive a payment of millions of dollars!
Looking at the photographs for the advertisements in question leave viewers with little doubt that Forever 21 did use a model who looks very similar to Grande. The poses and clothing in the ad are also identical to Grande. While a further investigation into the model in the image would reveal it is not Ariana Grande, the suit is not holding back with a 10 million dollar request.
Forever 21’s lookalike model also recreated Grande’s infamous 7 Rings style ponytail. The model may also have suffered from recreating this look, since Grande has said, on several occasions, that she is in pain from her sky-high ponytail.
What motivated a well-known company like Forever 21, to trick angering one of the most popular singers in the country? It’s easy to theorize that the company was riskier because they aren’t doing well. The clothing retailer is, reportedly, considering filing for bankruptcy. While the company is privately owned and does not release its financial data, Forbes reports that an “industry analyst” has estimated Forever 21’s drop in sales ranges from 20% upward.
The company is thought to be restructuring any debt, to avoid bankruptcy and Ariana Grande’s suit is probably unwelcome news. While the saying goes that “any publicity is good publicity”, angering Ariana Grande fans has proved to have a downside in the form of death threats and boycotts.
Do you think that Forever 21 should pay Ariana Grande 10 million dollars? Should Ariana request 21 million dollars, to match the brand’s well-known name? Who do you expect will be victorious in the lawsuit? Would you take similar actions if someone stole your creative copyright and recreated a look identical to your signature style or brand?
While it remains to be seen what happens in court or if the two parties settle the case, Forever 21 is now in the news. The jury is out on whether this will cause them to gain more money this quarter, in sales, or if the 10 million they will potentially lose could cost them more than they earn.
If you’re worried about your photography, likeness, and images or video being used without your permission, go to Berify. Berify cares about your copyright and provides you with quick and easy tools to conduct a comprehensive image search.
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