Samsung wants Dua Lipa‘s lawsuit thrown out.
The 31-year-old sued the tech company back in May for $15 million over them using her image on their packaging, accusing them of using her image to sell TVs without her permission.
In a new filing on Thursday (September 10), Samsung is asking a judge to dismiss the suit and say Dua can’t sue over her photo being used, according to Billboard.
Why Samsung says Dua can’t sue over the use of her photo
“Defendants respectfully request that the court dismiss the complaint in its entirety,” the company’s lawyers said in their latest filing.
They say she lacks trademark rights to her likeness, and potential customers were not tricked into thinking she endorsed the brand. Samsung argues that Dua‘s photo appears alongside other logos, like MLB and Fox Sports.
“An interface depicting a music-video channel among several unrelated content icons conveys nothing suggesting plaintiff endorses the televisions,” Samsung’s lawyers say. “The images merely depict the televisions’ on-screen interface, illustrating the applications and … an example of content available on the TV.”
On their part, Samsung is blaming a “content partner” for providing assurance that they could use her photo, and that it’s only designed to show what kind of programming is available on their TVs.
“The image was used only after receiving explicit assurance from the content partner that permission had been secured, including for the retail boxes,” the company wrote earlier this summer when the lawsuit was filed. “Given this assurance, we deny any allegations of intentional misuse.”
Now, they argue that the accusations were legally deficient and should be dismissed for a number of reasons, including that Dua Lipa has no likeness rights to enforce given that she lives in England.
“The complaint’s right of publicity causes of action fail to state a claim because … English law must apply, and England does not recognize a right of publicity,” the company stated.
How Dua Lipa’s lawyers responded to Samsung’s response to her lawsuit
“Samsung’s response has been dismissive and callous, and the Infringing Products remain on the market to this day,” Dua‘s lawyers say. “Samsung’s infringing conduct — using Ms. Lipa’s assets for zero consideration — makes a mockery of her hard work.”
When Dua filed her lawsuit in May, she and her lawyers said Samsung profited off of using her image, for which she owns the copyright, on their packaging, and even quoted several X/Twitter posts of people saying her image being used was convincing them to buy the TV.
“Ms. Lipa’s face was prominently used for a mass marketing campaign for a consumer product without her knowledge, without consideration, and as to which she had no say, control, or input whatsoever,” the lawyers previously said in the lawsuit. “Ms. Lipa did not allow and would not have allowed this use.”
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