Samsung has asked a court to dismiss a $15 million lawsuit filed by Dua Lipa, arguing her copyright, trademark and publicity-rights claims fail on multiple grounds.
The singer sued the Seoul-headquartered company in May, alleging Samsung used a copyrighted photograph of her on television packaging without permission to promote its products.
Samsung’s motion raises several defenses:
- Lipa cannot hold a trademark in her own image or likeness, citing prior cases involving Bob Marley, Babe Ruth and Tiger Woods.
- The complaint does not plausibly allege that consumers would be confused about whether Lipa endorses Samsung televisions.
- Samsung Electronics did not control the actions of its U.S. subsidiary, and a parent-subsidiary relationship alone is not enough for liability.
- English law, as the law of Lipa’s domicile, should apply to publicity-rights claims, and English law does not recognize such rights.
- The complaint is an impermissible “shotgun pleading” that attributes alleged conduct to multiple defendants without distinction and folds earlier allegations into later claims.
