Samsung is seeking to dismiss a $15 million copyright, trademark and publicity-rights lawsuit brought by Dua Lipa, arguing that the claims fail on multiple grounds.
Lipa sued the Seoul-headquartered company in May, alleging that Samsung used a copyrighted photograph of her on television packaging without permission to promote its products.
Samsung contends that Lipa cannot hold a trademark in her own image or likeness, citing prior cases involving Bob Marley, Babe Ruth, and Tiger Woods. The company also argues the complaint fails to plausibly allege that consumers would be confused about whether Lipa endorses Samsung televisions.
Samsung disputes that Samsung Electronics controlled the actions of its US subsidiary, stating that a parent-subsidiary relationship alone is not enough to establish liability.
On the publicity-rights claims, Samsung says the law of Lipa’s domicile, England, should apply and that English law does not recognize such rights. The company also seeks dismissal over what it calls an impermissible “shotgun pleading,” arguing the complaint attributes the alleged conduct to multiple defendants without distinction and folds earlier allegations into later claims.
